TITLE
XV: LAND USAGE
Chapter
150. BUILDING
REGULATIONS; CONSTRUCTION
151. UNIFIED
DEVELOPMENT
152. WATERSHED
PROTECTION
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CHAPTER
150: BUILDING REGULATIONS; CONSTRUCTION
Section
Housing Code
150.01 Findings; purpose
150.02 Definitions
150.03 Minimum standards of fitness for dwellings and
dwelling units
150.04 Minimum standards for structural condition
150.05 Minimum standards for basic equipment and
facilities
150.06 Minimum standards for ventilation
150.07 Minimum standards for space, use and location
150.08 Minimum standards for safe and sanitary
maintenance
150.09 Minimum standards for control of insects,
rodents and infestations
150.10 Minimum standards applicable to rooming
houses; exceptions
150.11 Responsibilities of owners and occupants
150.12 Duties and powers of Building Inspector
150.13 Inspections; duty of owners and occupants
150.14 Procedure for violations
150.15 Methods of service complaints and orders
150.16 In rem action by
inspection; placarding
150.17 Costs a lien on premises
150.18 Alternate remedies
150.19 Board of Adjustments to hear appeals
150.20 Conflict with other provisions
Property
Numbering
150.30 Numbering map
150.31 Numbering system
150.32 Owners to purchase numbers
150.33 Numbers for future buildings
150.34 Defacing numbers
150.35 Size and color of numbers
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4
Flammable
and Combustible Storage
150.45 Title
150.46 Purpose
150.47 Inspection prior to installation or removal
150.48 Piping; testing required
150.49 Notice to inspect
150.50 Inspectors; proof of qualification
150.51 Compliance with standards
150.52 Fee
150.53 Exemption
150.99 Penalty
HOUSING CODE
§ 150.01 FINDINGS; PURPOSE.
Pursuant to G.S.
§ 160A‑441, it is hereby found and declared that there exist in the
county dwellings which are unfit for human habitation due to dilapidation,
defects increasing the hazards of fire, accidents and other calamities, lack of
ventilation, light and sanitary facilities and due to other conditions
rendering the dwellings unsafe or unsanitary and dangerous and detrimental to
the health, safety and morals and otherwise inimical to the welfare of the
residents of the county. It is further
found by the County Board of Commissioners that there exist in the county
abandoned structures which constitute a health and safety hazard as a result of
the attraction of insects and rodents or which results in a condition creating
a fire hazard or which bring about dangerous conditions constituting a threat
to children or which bring about frequent use by vagrants as living quarters in
the absence of sanitary facilities. In
order to protect the health, safety and welfare of the residents of the county,
as authorized by G.S. §§ 160A‑360 et seq., is the purpose of
this subchapter to establish minimum standards of fitness for the initial and
continued occupancy of all dwellings used for habitation and for the continued
existence of abandoned structures as expressly authorized by G.S. § 160A‑444.
(Ord. passed
§ 150.02 DEFINITIONS.
For the purpose
of this subchapter, the following definitions shall apply unless the context
clearly indicates or requires a different meaning.
Building
Regulations; Construction 5
BASEMENT. A portion of a building which is located
partly underground, having direct access to light and air from windows located
above the level of the adjoining ground.
CELLAR. A portion of a building located partly or
wholly underground, having an adequate access to light and air from windows
located partly or wholly below the level of the adjoining ground.
DETERIORATED. A dwelling is unfit for human habitation and
can be repaired, altered or improved to comply with all of the minimum
standards established by this subchapter, at a cost not in excess of 50% of its
value, as determined by finding of the Inspector.
DWELLING. Any building which is wholly or partly used
or intended to be used for living or sleeping by human occupants; provided that
temporary housing as hereinafter defined shall not be regarded as a dwelling.
The word DWELLING, wherever used herein, shall also be construed
to mean any structure which has not been occupied by the owner or the owner's
tenant for a period of 90 consecutive days.
DWELLING UNIT. Any room or group of rooms located within a
dwelling and forming a single habitable unit with facilities which are used or
intended to be used for living, sleeping, cooking and eating.
EXTERMINATION. The control and elimination of insects,
rodents or other pests by eliminating their harborage places; by removing or
making inaccessible materials that may serve as their food; by poisoning,
spraying, fumigating, trapping or by any other recognized and legal pest
elimination methods approved by the Inspector.
GARBAGE. The animal and vegetable waste resulting from
the handling, preparation, cooking and consumption of food.
HABITABLE ROOM. A room or enclosed floor space used or
intended to be used for living, sleeping, cooking or eating purposes, excluding
bathrooms, water closet compartments, laundries, heater rooms, foyers or
communicating corridors, closets and storage spaces.
INFESTATION. The presence, within or around a dwelling, or
any insects, rodents or other pests in a number as to constitute a menace to
the health, safety or welfare of the occupant or to the public.
INSPECTOR. The Building Inspector of the county or any
agent of the Inspector who is authorized by the Inspector.
MULTIPLE
DWELLING. Any dwelling containing more
than two dwelling units.
OCCUPANT. Any person over one year of age, living,
sleeping, cooking or eating in, or having actual possession of a dwelling unit
or rooming unit.
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OPERATOR. Any person who has charge, care or control of
a building, or part thereof, in which dwelling units or rooming units are let.
OWNER.
(1) Any person who, alone, jointly or severally
with others:
(a) Shall have title to any dwelling unit, with or
without accompanying actual possession thereof; or
(b) Shall have charge, care or control of any
dwelling or dwelling unit as owner or agent of the owner or as executor,
executrix, administrator, administratrix, trustee or
guardian of the estate of the owner.
(2) Any person thus representing the actual owner
shall be bound to comply with the provisions of this subchapter, and of rules
and regulations adopted pursuant thereto, to the same extent as if he or she
were the owner.
PLUMBING. All of the following supplied facilities and
equipment:
(1) Gas pipes;
(2) Gas burning equipment;
(3) Water pipes;
(4) Mechanical garbage disposal units (mechanical
sink grinder);
(5) Waste pipes;
(6) Water closets;
(7) Sinks;
(8) Installed dishwashers;
(9) Lavatories;
(10) Bathtubs;
Building
Regulations; Construction 7
(11) Shower
baths; and
(12) Installed
clothes washing machines, catch basins, vents and any other similar supplied
fixtures, together with all connections to water, sewer or gas lines.
PUBLIC
AUTHORITY. The County Department of
Social Services, the County Building Inspector or any officer who is in charge
of any department or branch of the government of the county or the state
relating to health, fire, building regulations or other activities concerning
dwellings in the county.
ROOMING HOUSE. Any dwelling, or that part of any dwelling
containing one or more rooming units, in which space is let by the owner or
operator to three or more persons who are not husband and wife, son or
daughter, mother or father or sister or brother of the owner or operator.
ROOMING UNIT. Any room or group of rooms forming a single
habitable unit used or intended to be used for living and sleeping, but not for
cooking or eating purposes.
RUBBISH. Combustible and noncombustible waste
materials, except garbage and ashes, and the term shall include paper, rags,
cartons, boxes, wood excelsior, rubber, leather, tree branches, yard trimmings,
tin cans, metals, mineral matter, glass crockery and dust.
SUPPLIED. Paid for, furnished or provided by, or under
the control of, the owner or operator.
TEMPORARY
HOUSING. Any tent, trailer or other
structure used for human shelter which is designed to be transportable and
which is not attached to the ground, to another structure, or to any utilities
system on the same premises for more than 30 consecutive days.
UNFIT FOR HUMAN
HABITATION. Conditions exist in a
dwelling which violate or do not comply with one or more of the minimum
standards of fitness or one or more of the requirements established by this
subchapter.
(Ord. passed
§ 150.03 MINIMUM STANDARDS OF FITNESS FOR DWELLINGS
AND DWELLING UNITS.
Every dwelling
and dwelling unit used as human habitation or held out for use as a human
habitation shall comply with all of the minimum standards of fitness for human
habitation and all of the requirements of this subchapter. No person shall occupy, as owner‑occupant,
or let to another for occupancy or use as a human habitation, any dwelling or
dwelling unit which does not comply with all of the minimum standards of
fitness for human habitation and all of the requirements of this subchapter.
(Ord. passed
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§ 150.04 MINIMUM STANDARDS FOR STRUCTURAL CONDITION.
(A) Walls or partitions or supporting members,
sills, joists, rafters or other structural members shall not list, lean or
buckle, and shall not be rotted, deteriorated or damaged, and shall not have
holes or cracks which might admit rodents.
(B) Floors or roofs shall have adequate supporting
members and strength to be reasonably safe for the purpose used.
(C) Foundations, foundation walls, piers or other
foundation supports shall not be deteriorated or damaged.
(D) Steps, stairs, landings, porches or other parts
or appurtenances shall be maintained in a condition that they will not fall or
collapse.
(E) Adequate facilities for egress in case of fire
or panic shall be provided.
(F) Interior walls and ceilings of all rooms,
closets and hallways shall be finished of suitable materials, which will, by
use of reasonable household methods promote sanitation and cleanliness, and
shall be maintained in a manner so as to enable the occupants to maintain
reasonable privacy between various spaces.
(G) The roof, flashings, exterior walls, basement
walls, floor and all doors and windows exposed to the weather shall be
constructed and maintained so as to be weather and watertight.
(H) There shall be no chimneys or parts thereof
which are defective, deteriorated or in danger of falling or in a condition or
location as to constitute a fire hazard.
(I) There shall be no use of the ground for
floors or wood floors on the ground.
(Ord. passed
§ 150.05 MINIMUM STANDARDS FOR BASIC EQUIPMENT AND
FACILITIES.
(A) Plumbing system.
(1) Each dwelling unit shall be connected to a
possible water supply and to the public sewer or other approved sewage disposal
system.
(2) Each dwelling unit shall contain not less than
a kitchen sink, lavatory, tub or shower, water closet and adequate supply of
both cold and hot water. All water shall
be supplied through an approved pipe distribution system connected to a potable
water supply.
Building
Regulations; Construction 9
(3) All plumbing fixtures shall meet the standards
of the County Plumbing Code and shall be maintained in a state of good repair
and in good working order.
(4) All required plumbing fixtures shall be
located within the dwelling unit and be accessible to the occupants of
same. The water closet and tub or shower
shall be located in a room or rooms affording privacy to the user.
(B) Heating system. Every dwelling and dwelling unit shall have
facilities providing heat in accordance with either division (B)(1) or (2)
below.
(1) Central and electric heating systems. Every central or electric heating system
shall be of sufficient capacity so as to heat all habitable rooms, bathrooms
and water closet compartments in every dwelling unit to which it is connected
with a minimum temperature of 70°F measured at a
point three feet above the floor during ordinary winter conditions.
(2) Other heating facilities. Where a central electric heating system is
not provided, each dwelling and dwelling unit shall be provided with sufficient
fireplaces, chimneys, flues or gas vents whereby heating appliances may be
connected so as to heat all habitable rooms with a minimum temperature of 70°F measured three
feet above the floor during ordinary winter conditions.
(C) Electrical system.
(1) Every dwelling and dwelling unit shall be
wired for electric lights and convenience receptacles. Every habitable room shall contain at least
two floor or wall‑type electric convenience receptacles, connected in a
manner as determined by the County Electric Code. There shall be installed in every bathroom,
water closet room, laundry room and furnace room at least one supplied ceiling,
or wall‑type electric light fixture.
In the event wall or ceiling light fixtures are not provided in any
habitable room, then each habitable room shall contain at least three floor or
wall‑type electric convenience receptacles.
(2) Every public hall and stairway in every
multiple dwelling shall be adequately lighted by electric lights at all times
when natural daylight is not sufficient.
(3) All fixtures, receptacles, equipment and
wiring shall be maintained in a state of good repair, safe, capable of being
used, and installed in accordance with the County Electrical Code.
(Ord. passed
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§ 150.06 MINIMUM STANDARDS FOR VENTILATION.
(A) Every habitable room shall have at least one
window or skylight facing directly to the outdoors. The minimum total window
area, measured between stops, for every habitable room shall be 10% of the
floor area of the room. Whenever walls
or other portions of structures face a window of any room and the light
obstructing structures are located less than five feet from the window and
extend to a level above that of the ceiling of the room, such a window shall
not be deemed to face directly to the outdoors and shall not be included as
contributing to the required minimum total window area. Whenever the only window in a room is a skylighted‑type window in the top of the room, the
total window area of the skylight shall equal at least 15% of the total floor
area of the room.
(B) Every habitable room shall have at least one
window or skylight which can easily be opened or another device as will
adequately ventilate the room. The total
openable window area in every habitable room shall be
equal to at least 45% of the minimum window area size or minimum skylight‑type
window size as required or shall have other approved, equivalent ventilation.
(C) Every bathroom and water closet compartment
shall comply with the light and ventilation requirements for habitable rooms,
except that no window or skylight shall be required in adequately ventilated
bathrooms and water closet rooms equipped with an approved ventilation system.
(Ord. passed
§ 150.07 MINIMUM STANDARDS FOR SPACE, USE AND
LOCATION.
(A) Every dwelling unit shall contain at least the
minimum room size in each habitable room as required by the County Residential
Building Code. Every dwelling unit shall
contain at least 150 square feet of habitable floor area for the first
occupant, at least 100 square feet of additional habitable area for each of the
next three occupants, and at least 75 square feet of additional habitable floor
area for each additional occupant. In
every dwelling unit and in every rooming unit, every room occupied for sleeping
purposes by one occupant shall contain at least 70 square feet of floor area,
and every room occupied for sleeping purposes by more than one occupant shall
contain at least 50 square feet of floor area for each occupant 12 years of age and over and at
least 35 square feet of floor area for each occupant under 12 years of age.
(B) At least one‑half of the floor area of
every habitable room shall have a ceiling height of not less than seven feet.
(C) Floor area shall be calculated on the basis of
habitable room area. However, closet
area and wall area within the dwelling unit may count for not more than 10% of
the required habitable floor area. The floor area of any part of any room where
the ceiling height is less than 4½ feet shall not be considered as part of the
floor area computing the total area of the room to determine maximum
permissible occupancy.
Building
Regulations; Construction 11
(D) No cellar shall be used for living purposes.
(E) No basement shall be used for living purposes
unless:
(1) The floor and walls are substantially
watertight;
(2) The total window area, total openable window area and ceiling height are equal to those
required for habitable rooms; or
(3) The required minimum window area of every
habitable room is entirely above the grade adjoining the window area, except
where the window or windows face a stairwell, window well or accessway.
(Ord. passed
§ 150.08 MINIMUM STANDARDS FOR SAFE AND SANITARY
MAINTENANCE.
(A) (1) Every
foundation wall, exterior wall and exterior roof shall be substantially
weather-tight and rodent proof shall be kept in sound condition and good
repair; shall be capable of affording privacy and shall be safe to use and
capable of supporting the load which normal use may cause to be placed thereon.
(2) Every exterior wall shall be protected with
paint or other protective covering to prevent the entrance or penetration of
moisture or the weather.
(B) Every floor, interior wall and ceiling shall
be substantially rodent proof shall be kept in sound condition and good repair
and shall be safe to use and capable of supporting the load which normal use
may cause to be place thereon.
(C) Every window, exterior door, basement or
cellar door and hatchway shall be substantially weather-tight, watertight and
rodent proof and shall be kept in sound working condition and good repair.
(D) Every inside and outside stair, porch and any
appurtenance thereto shall be safe to use and capable of supporting the load
that normal use may cause to be placed thereon and shall be kept in sound
condition and good repair.
(E) Every bathroom floor surface and water closet
compartment floor surface shall be constructed and maintained so as to be
reasonably impervious to water and so as to permit the floor to be easily kept
in a clean and sanitary condition.
(F) Every supplied facility, piece of equipment or
utility which is required under this subchapter shall be so constructed or
installed that it will function safely and effectively and shall be maintained
in satisfactory working condition.
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(G) Every yard shall be properly graded so as to
obtain thorough drainage and so as to prevent the accumulation of stagnant
water.
(H) Every yard and all exterior property areas
shall be kept free of species of weeds or plant growth which are noxious or
detrimental to health.
(I) Every dwelling unit shall be provided with
adequate means of egress as required by the County Building Code.
(Ord. passed
§ 150.09 MINIMUM STANDARDS FOR CONTROL OF INSECTS,
RODENTS AND
INFESTATIONS.
(A) In every dwelling unit, for protection against
mosquitoes, flies and other insects, every door opening directly from a
dwelling unit to outdoor space shall have supplied and installed screens and a
self‑closing device and every window or other device with openings to
outdoor space, used or intended to be used for ventilation shall likewise be
supplied with screens installed.
(B) Every basement or cellar window used or
intended to be used for ventilation and every other opening to a basement which
might provide an entry for rodents shall be supplied with screens installed or
other approved device as will effectively prevent their entrance.
(C) Every occupant of a dwelling containing a
single dwelling unit shall be responsible for the extermination of any insects,
rodents or other pests therein or on the premises; and every occupant of a
dwelling unit in a dwelling containing more than one dwelling unit shall be
responsible for the extermination whenever his or her dwelling unit is the only
one infested. Whenever infestation is
caused by failure of the owner to maintain a dwelling in a rodent proof or
reasonable insect proof conditions, extermination shall be the responsibility
of the owner. Whenever infestation
exists in two or more dwelling units in a dwelling or in the shared or public
parts of any dwelling containing two or more dwelling units, extermination
shall be the responsibility of the owner.
(Ord. passed
§ 150.10 MINIMUM STANDARDS APPLICABLE TO ROOMING
HOUSES; EXCEPTIONS.
All of the
provisions of this subchapter and all of the minimum standards and requirements
of this subchapter shall be applicable to rooming houses, and to every person
who operates a rooming house or who occupies or lets to another for occupancy
any rooming unit in any rooming house, except as provided in the following
provisions.
Building
Regulations; Construction 13
(A) (1) At
least one water closet, lavatory basin and bathtub or shower, properly
connected to an approved water and sewer system and in good working condition,
shall be supplied for each four rooms within a rooming house whenever the
facilities are shared.
(2) All facilities shall be located within the
residence building served and shall be directly accessible from a common hall
or passageway and shall be not more than one story removed from any of the
persons sharing the facilities. Every
lavatory basin and bathtub or shower shall be supplied with hot and cold water
at all times.
(3) The required facilities shall not be located
in a cellar.
(B) Every room occupied for sleeping purposed by
one occupant shall contain at least 70 square feet of floor area, and every
room occupied for sleeping purposes by more than one occupant shall contain at
least 50 square feet of floor area for each occupant 12 years of age and over
and at least 35 square feet of floor area for each occupant under 12 years of
age.
(C) The operator of every rooming house shall be
responsible for the sanitary maintenance of all walls, floors, ceilings and for
the sanitary maintenance of every other part of the rooming house and he or she shall be further responsible for the
sanitary maintenance of the entire premises where the entire structure or
building within which the rooming house is contained is leased or occupied by
the operator.
(D) Every water closet, flush urinal, lavatory
basin and bathtub and shower required by division (A) above shall be located
within the rooming house and within a room or rooms which afford privacy and
are separate from habitable rooms, and which are accessible from a common hall
and without going outside the rooming house or through any other room therein.
(Ord. passed
§ 150.11 RESPONSIBILITIES OF OWNERS AND OCCUPANTS.
(A) Every owner of a dwelling containing two or
more dwelling units shall be responsible for maintaining in a clean and
sanitary condition the shared or public areas of the dwelling and premises
thereof.
(B) Every occupant of a dwelling or dwelling unit
shall keep in a clean and sanitary condition that part of the dwelling, dwelling
unit and premises thereof which he or she occupies and controls.
(C) Every occupant of a dwelling or dwelling unit
shall dispose of all rubbish and garbage in a clean and sanitary manner by
placing it in the supplied storage facilities.
In all cases, the owner shall be
responsible for the availability of rubbish and garbage storage
facilities.
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(D) Every occupant of a dwelling unit shall keep
all supplied plumbing fixtures therein in a clean and sanitary condition and
shall be responsible for the exercise of reasonable care in the proper use and
operation of
same.
(E) No occupant shall willfully destroy, deface or
impair any of the facilities or equipment or any of the structure of a dwelling
or dwelling unit.
(Ord. passed
§ 150.12 DUTIES AND POWERS OF BUILDING INSPECTOR.
(A) The Building Inspector is hereby designated as
the officer to enforce the provisions of this subchapter and to exercise the
duties and powers herein prescribed. It
shall be the duty of the Building Inspector:
(1) To investigate the dwelling conditions, and to
inspect dwellings and dwelling units, located in the county, in order to
determine which dwellings and dwelling units are unfit for human habitation and
for the purpose of carrying out the objectives of this subchapter with respect
to the dwellings and dwelling units;
(2) To take the action, together with other
appropriate departments and agencies, public and private, as may be necessary
to effect rehabilitation of housing which is deteriorated;
(3) To keep a record of the results of inspections
made under this subchapter and an inventory of those dwellings that do not meet
the minimum standards of fitness herein prescribed; and
(4) To perform the other duties as may be herein
prescribed.
(B) The Building Inspector is authorized to
exercise the powers as may be necessary or convenient to carry out and
effectuate the purpose and provisions of this subchapter, including the
following powers in addition to others herein granted:
(1) To investigate the dwelling conditions in the
county;
(2) To administer oaths and affirmations, examine
witnesses and receive evidence;
(3) To enter upon premises for the purpose of
making examinations and inspections; provided, the entries shall be made in a
manner as to cause the least possible inconvenience to the persons in
possession; and
(4) To appoint and fix the duties of the officers,
agents and employees as he or she deems necessary to carry out the purposes of
this subchapter.
(Ord. passed
Building
Regulations; Construction 15
§ 150.13 INSPECTIONS; DUTY OF OWNERS AND OCCUPANTS.
For the purpose
of making inspection, the Inspector is hereby authorized to enter, examine and
survey, at all reasonable times, all dwelling units, rooming units and
premises. The owner or occupant of every
dwelling, dwelling unit or morning unit, or the person in charge thereof, shall
give the Inspector free access to the dwelling, dwelling unit or rooming unit,
and its premises at all reasonable times for the purpose of the inspection,
examination and survey. Every occupant
of a dwelling unit shall give the owner thereof or his or her agent or employee
access to any part of the dwelling or dwelling unit and its premises, at all
reasonable times for the purpose of making the repairs or alterations as
necessary to effect compliance with the provisions of this subchapter or with
any lawful order issued pursuant to the provisions of this subchapter.
(Ord. passed
§ 150.14 PROCEDURE FOR VIOLATIONS.
(A) Whenever a petition is filed with the Inspector
by a public authority or by at least five residents of the city charging that
any dwelling or dwelling unit is unfit for human habitation, or whenever it
appears to the Inspector, upon inspection, that any dwelling or dwelling units
is unfit for human habitation, he or she shall, if his or her preliminary
investigation discloses a basis for the charges, issue and cause to served upon
the owner of and parties in interest in a dwelling or dwelling unit a complaint
stating the charges and containing a notice that a hearing will be held before
the Inspector at a place therein, not less than ten nor more than 30 days after
the serving of the complaint. The owner
or any party in interest shall have the right to file an answer to the
complaint and appear in person, or otherwise, and give testimony at the place
and time fixed in the complaint. Notice
of the hearing shall also be given to at least one of the persons signing a
petition relating to the dwelling. Any
person desiring to do so may attend the hearing and give evidence relevant to
the matter being heard. The rules of
evidence prevailing in courts of law or equity shall not be controlling in
hearings before the Inspector.
(B) (1) After
the notice and hearing, the Inspector shall state, in writing, his or her
determination whether the dwelling or dwelling unit is unfit for human
habitation, and, if so, whether it is deteriorated of dilapidated.
(2) If the Inspector determines that the dwelling
or dwelling unit is deteriorated, he or she shall state in writing his or her
findings of fact in support of the determination, and shall issue and cause to
be served upon the owner thereof an order directing and requiring the owner to repair,
alter and improve the dwelling or dwelling unit to comply with the minimum
standards of fitness established by this subchapter within a specified period
of time, not to exceed 90 days.
(a) The order may also direct and require the
owner to vacate and close the dwellings or to comply with the minimum standards
of fitness established by this subchapter within a specified period of time,
not to exceed 90 days.
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(b) The order may also direct and require the
owner to vacate and close the dwellings or dwelling units until the repairs,
alterations and improvements have been made.
(3) If the Inspector determines that the dwelling
is dilapidated, he or she shall state, in writing, his or her findings of fact
to support the determination, and shall issue and cause to be served upon the
owner thereof an order directing and requiring the owner to either repair alter
and improve the dwelling or dwelling unit to comply with the minimum standards
of fitness established by this subchapter or else vacate and remove or demolish
the same within a specified period of time not to exceed 90 days.
(C) (1) If
the owner of any deteriorated dwelling or dwelling unit shall fail to comply
with an order of the Inspector to repair, alter or improve the same within the
time specified therein, or if the owner of a dilapidated dwelling shall fail to
comply with an order of the Inspector to vacate and close, and remove or
demolish the same within the time specified therein, the Inspector shall submit
to the County Board of Commissioners at its regular meeting a resolution
directing the County Attorney to petition the superior court for an order
directing the owner to comply with the order of the Inspector, as authorized by
G.S. § 160A‑446(g).
(2) After failure of an owner of a deteriorated
dwelling or dwelling unit, or of a dilapidated dwelling, to comply with an
order of the Inspector within the time specified therein, if injunctive relief
has not been sought or has not been granted as provided in division (C)(1)
above, the Inspector shall submit to the County Board of Commissioners an
ordinance ordering the Inspector to cause the dwelling or dwelling unit to be
repaired, altered, improved or vacated and closed and removed or demolished, as
provided by the original order of the Inspector, and pending the removal or
demolition, to placard the dwelling, as provided by G.S. § 160A‑443
and § 150.16.
(D) (1) An
appeal from any decision or order of the Inspector may be taken by the person
aggrieved thereby. Any appeal from the
Inspector shall be taken with ten days from the rendering of the decision or
service of the order, and shall be taken by filing with the Inspector and with
the Board of Adjustment a notice of appeal which shall specify the grounds upon
which the appeal is based. Upon filing
of any notice appeal, the Inspector shall forthwith transmit to the Board all
the papers constituting the record upon which the decision appealed from was
made.
(2) When an appeal is from a decision of the
Inspector refusing to allow the person aggrieved thereby to do any act, his or
her decision shall remain in force until modified or reversed. When an appeal is from a decision of the
Inspector requiring the person aggrieved to do any act, the appeal shall have
the effect of suspending the requirement until the hearing by the Board, unless
the Inspector certifies to the Board, after the notice of appeal is filed with
him or her, that by reason of the facts stated in the certificate, a copy of
which shall be furnished the appellant, a suspension of his or her requirement
would cause imminent peril to life or property, in which case the requirement
shall not be suspended, except by a restraining order, which may be granted for
due cause shown upon not less than one day's written notice to the Inspector,
by the Board or by a court of record upon petition made pursuant to G.S.
§ 160A‑446(f) and division (E) below.
Building
Regulations; Construction 18
(3) The Board shall fix a reasonable time for the
hearing of all appeals, shall give due notice to all the parties and shall
render its decision within a reasonable time.
Any party may appear in person or by agent or attorney.
(4) The Board may reverse or affirm, wholly or
partly, or may modify the decision or order appealed from, and may make a
decision and order as in its opinion ought to be made in the matter, and to
that end it shall have all the powers of the Inspector, but the concurring vote
of four members of the Board shall be necessary to reverse or modify any decision
or order of the Inspector.
(5) The Board shall have the power also in passing
upon appeals, in any case where there are practical difficulties or unnecessary
hardships in the way of carrying out the strict letter of the ordinance, to
adapt the application of the ordinance to the necessities of the case to the
end that the spirit of the ordinance shall be observed, public safety and
welfare secured, and substantial justice done.
(6) Every decision of the Board shall be subject
to review by proceedings in the nature of certiorari instituted within 15 days
of the decision of the Board, but not otherwise.
(E) Any person aggrieved by an order issued by the
Inspector or a decision rendered by the Board shall have the right, within 30
days after issuance of the order or rendering of the decision, to petition the
superior court for a temporary injunction restraining the Inspector pending a
final disposition of the cause, as provided by G.S. § 160A‑446(f).
(Ord. passed
§ 150.15 METHODS OF SERVICE COMPLAINTS AND ORDERS.
(A) Complaints or orders issued by the Inspector
shall be served upon persons either personally or by registered or certified
mail, but if the whereabouts of the persons are unknown and the same cannot be
ascertained by the Inspector in the exercise of reasonable diligence, the
Inspector shall make an affidavit to that effect, and the serving of the
complaint or order upon the person may be made by publishing the same once each week for two successive weeks
in a newspaper, printed and published in the county.
(B) Where service is made by publication, a notice
of the pending proceedings shall be posted in a conspicuous place on the
premises affected by the complaint or order.
(Ord. passed
§ 150.16 IN REM ACTION BY INSPECTION; PLACARDING.
(A) After failure of an owner of a dwelling or
dwelling unit to comply with an order of the Inspector issued pursuant to the
provisions of this ordinance, and upon adoption by the
18
G.S. § 160A‑443(5)
and § 150.14(C), the Inspector shall proceed to cause the dwelling or dwelling
unit to be repaired, altered or improved to comply with the minimum standards
of fitness established by this subchapter, or to be vacated and closed and
removed or demolished, as directed by the County Board of Commissioners and
shall cause to be posted on the main entrance of the dwelling or dwelling unit
a placard with the following words:
“This building
is unfit for human habitation; the use or occupation of this building for human
habitation is prohibited and unlawful.
Occupation of a building so posted shall constitute a misdemeanor.”
(B) Each ordinance shall be recorded in the office
of the Register of Deeds in the county wherein the property is located and
shall be indexed in the name of the property owner in the grantor index, as
provided by G.S. § 160A‑443(5).
(Ord. passed
§ 150.17 COSTS A LIEN ON PREMISES.
As provided by
G.S. § 160A‑443(6), the amount of the cost of any repairs, alterations or
improvements, or vacating and closing, or removal or demolition, caused to be
made or done by the Inspector pursuant to § 150.16 shall be a lien against the
real property upon which the cost was incurred. The lien shall be filed, have
the same priority, and be enforced and the costs collected as provided by G.S. § 160A‑432.
(Ord. passed
§ 150.18 ALTERNATE REMEDIES.
Neither this
subchapter or any of its provisions shall be construed to impair or limit, in
any way, the power of the county to define and declare nuisances and to cause
their abatement by summary action or otherwise, or to enforce this subchapter
by criminal process as authorized by G.S. § 14‑4 and § 150.20, and
the enforcement of any remedy provided herein shall not prevent the enforcement
of any other remedy or remedies provided herein or in other ordinances or laws.
(Ord. passed
Statutory
reference:
For provisions
concerning enforcement of criminal process, see G.S. § 14‑4
§ 150.19 BOARD OF ADJUSTMENTS TO HEAR APPEALS.
(A) All appeals which may be taken from decisions
or orders of the Inspector pursuant to § 150.14(D) shall be heard and
determined by the Board of Adjustment.
Building
Regulations; Construction 19
(B) As the appeals body, the Board shall have
power to fix the times and places of its meetings, to adopt necessary rules of
procedure and any other rules and
regulations which may be necessary for the proper discharge of its duties. The Board shall perform the duties prescribed
by § 150.14(D) and shall keep an accurate journal of all its proceedings.
(Ord. passed
§ 150.20 CONFLICT WITH OTHER PROVISIONS.
In the event any
provision, standard or requirement of this subchapter is found to be in
conflict with any provisions of any other ordinance or code of the county, the
provision which establishes the higher standard or more stringent requirement
for the promotion and protection of the health and safety of the residents of
the county shall prevail.
(Ord. passed
PROPERTY
NUMBERING
§ 150.30 NUMBERING MAP.
The property
numbering map entitled “Property Numbering Map, dated September 1, 1990, Camden
County, North Carolina,” is hereby adopted as the official property numbering
map of the county and all property numbers assigned shall be assigned in
accordance with this numbering map, and no other property numbers shall be used
or displayed in the county, except numbers assigned in accordance with the
official numbering map. The property
numbering map shall be kept on file in the office of the Building
Inspector/Code Enforcement Officer.
(Ord. passed
§ 150.31 NUMBERING SYSTEM.
On the property
numbering map, NC 343 is hereby designated as the north‑south axis and US
158 is hereby designated as the east‑west axis, and all avenues, streets
and alleys running generally north and south shall be numbered from the east‑west
axis consecutively to the corporate limits of the extremity of the avenue,
alley or street. Avenues, streets or
alleys running generally east and west shall be numbered from the north‑south
axis in the same manner. Wherever
possible, 100 numbers shall be allowed to each block so that the number of each
consecutive block shall commence with consecutive hundreds and one. One whole number shall be assigned for every
100 feet of ground whether improved property or vacant lot on every street
within the county limits. Odd numbers
shall be assigned to the west side of the street on all north‑south
streets, and even numbers to the east side.
On east‑west streets, odd numbers shall be assigned to the south
side of the street and even numbers to the north side.
(Ord. passed
20
§ 150.32 OWNERS TO PURCHASE NUMBERS.
Every property
owner of improved property shall purchase and display, in a conspicuous place
on the property, the number assigned.
(Ord. passed
§ 150.33 NUMBERS FOR FUTURE BUILDINGS.
All residence
and business buildings erected after the adoption of this subchapter shall be
assigned a number in accordance with the property numbering map and shall
purchase and display the number, as provided in § 150.32.
(Ord. passed
§ 150.34 DEFACING NUMBERS.
It shall be
unlawful for any person to alter, deface or take down any number placed on any
property in accordance with this subchapter, except for repair or replacement
of the number.
(Ord. passed
§ 150.35 SIZE AND COLOR OF NUMBERS.
It shall be
unlawful to display numbers less than three inches in height and to use numbers
that do not contrast with background they are placed on.
(Ord. passed
FLAMMABLE AND
COMBUSTIBLE STORAGE
§ 150.45 TITLE.
This subchapter
shall be known and may be cited as the “Fuel Inspection Tank Subchapter of
Camden County, North Carolina.”
(Ord. passed
Building
Regulations; Construction 21
§ 150.46 PURPOSE.
The purpose of
this subchapter is to insure the public health, safety and general welfare of
the citizens of the county.
(Ord. passed
§ 150.47 INSPECTION PRIOR TO INSTALLATION OR REMOVAL.
All tanks
containing fuel, be it above or underground, must be inspected, prior to
installation or removal by a certified fire official from which a permit must
be obtained.
(Ord. passed
§ 150.48 PIPING; TESTING REQUIRED.
All piping for
installation of fuel storage tanks must also be tested and approved by a
certified fire official.
(Ord. passed
§ 150.49 NOTICE TO INSPECT.
All work which
is required to be inspected requires at least a 24-hour prior notice to the
certified fire official.
(Ord. passed
§ 150.50 INSPECTORS; PROOF OF QUALIFICATION.
All
installation, removal and/or left in place of any fuel storage tank work must
be performed by a qualified professional person trained and knowledgeable of
all aspects of fuel tank storage properties. The person must also provide proof
of qualification of his or her knowledge to a certified fire official prior to
obtaining a permit.
(Ord. passed
§ 150.51 COMPLIANCE WITH STANDARDS.
All work
performed must meet all standards as set out in the State Building Code, Volume
5, of the Fire Prevention Code.
(Ord. passed
22
§ 150.52 FEE.
A fee as
established by the
(Ord. passed
§ 150.53 EXEMPTION.
Fuel storage
tanks containing 550 gallons or less used solely for heating a private dwelling
shall be exempt from this subchapter.
(Ord. passed
§ 150.99 PENALTY.
(A) Any person violating any provisions of this
chapter for which no specific penalty is prescribed shall be subject to §
10.99.
(B) It shall be unlawful for the owner of any
dwelling or dwelling unit to fail, neglect or refuse to repair, alter or
improve the same, or to vacate and cease and remove or demolish the same, upon
order of the Inspector duly made and served as herein provided, within the time
specified in the order, and each day that any failure, neglect or refusal to
comply with the order continues shall constitute a separate and distinct
offense. It shall be unlawful for the
owner of any dwelling or dwelling unit, with respect to which an order has been
issued pursuant to § 150.14, to occupy or permit the occupancy of the same
after the time prescribed in the order for its repair, alteration or
improvement of its vacation and closing, and each day that the occupancy
continues after the prescribed time shall constitute a separate and distinct
offense. The violation of any provision
of §§ 150.01 through 150.20 shall constitute a penalty as provided by G.S.
§ 14‑4.
(Ord. passed
(C) A violation of §§ 150.45 through 150.53 is
punishable as a misdemeanor, as provided by G.S. § 14‑4(a).
(Ord. passed
CHAPTER
151: UNIFIED DEVELOPMENT
Section
General
Provisions
151.001 Purpose
151.002 Title
151.003 Affected territory
151.004 Conflict with other laws
151.005 Bona fide farms exempt
151.006 Effective date
151.007 Relationship to existing zoning, subdivision
and flood control ordinances
151.008 Relationship to land use plan
151.009 No use or sale of land or buildings;
conformance
151.010 Fees
151.011 Severability
151.012 Computation of time
151.013 Encroachment of open space
151.014 Every lot must abut a street or road
151.015 Mixed uses
151.016 Fractional requirements
151.017 Improvement permit required
151.018 Miscellaneous
Zoning Districts
151.030 Residential districts established
151.031 Commercial districts established
151.032 Manufacturing districts established
151.033 Floodplain and floodway overlay district
151.034 Mining overlay district
151.035 Commercial fishing overlay district
23
24
Zoning
Map
151.045 Official zoning map
151.046 Amendments to official zoning map
151.047 Lots divided by district lines
Density and
Dimensional Regulations
151.060 Minimum lot size
151.061 Maximum residential density
151.062 Minimum lot widths
151.063 Setback requirements
151.064 Accessory building setback requirements
151.065 Height limitations
151.066 Multi-family and two-family residences
151.067 Floor area ratios and lodging units
151.068 Maximum lot coverage by buildings
151.069 Appearance standards
Streets and
Sidewalks
151.080 Public streets to meet DOT standards
151.081 Street classification
151.082 Access to lots
151.083 Access to streets
151.084 Deceleration lanes on major arterial streets
151.085 Turn lanes required
151.086 Coordination with surrounding streets
151.087 Relationship of streets to topography
151.088 General layout of streets
151.089 Street intersections
151.090 Construction standards and specifications
151.091 Private streets and private roads in
subdivisions
151.092 Road and sidewalk requirements in unsubdivided developments
151.093 Attention to handicapped in street and sidewalk
construction
151.094 Street names and house numbers
151.095 Bridges
151.096 Utilities
Parking
Regulations
151.110 Definitions
151.111 Number of parking spaces required
151.112 Flexibility in administration required
2003 S-2
Unified
Development 25
151.113 Parking space dimensions
151.114 Required widths of parking area aisles and
driveways
151.115 General design requirements
151.116 Vehicle accommodation area surfaces
151.117 Joint use of required parking spaces
151.118 Satellite parking
151.119 Special provisions for lots with existing
buildings
151.120 Loading and unloading areas
151.121 No parking indicated near fire hydrants
151.122 Handicapped parking
151.123 Driveways
Landscaping
Requirements
151.135 Board findings concerning the need for
landscaping requirements
151.136 General landscaping standard
151.137 Compliance with landscaping standard
151.138 Landscaping land use classification
151.139 Table of landscaping requirements
151.140 Descriptions of landscaping
151.141 Flexibility in administration required
151.142 Combination uses
151.143 Subdivisions
151.144 Nonconforming landscaping
151.145 Minimum planting heights
Shading
Requirements
151.155 Board findings and declarations of policy on
shade trees
151.156 Required trees along dedicated streets
151.157 Retention and protection of large trees
151.158 Shade trees in parking areas
151.159 Protection of trees during construction
Utilities
151.170 Utility ownership and easement rights
151.171 Major subdivisions to install water lines
151.172 Sewage disposal facilities required
151.173 Determining compliance with § 151.172
151.174 Water supply system required
151.175 Determining compliance with § 151.174
26
151.176 Water/sewer districts required
151.177 Lighting requirements
151.178 Excessive illumination
151.179 Underground utilities
151.180 Utilities to be consistent with internal and
external development
151.181 As-built drawings required
151.182 Fire hydrants
151.183 Water supply for fire protection in
developments not served by the public water supply system
151.184 Sites for and screening of dumpsters
Open Space and
School Sites
151.195 Open space
151.196 Recreational improvements to open space
151.197 Ownership and maintenance of required open
space
151.198 Homeowners associations
151.199 Flexibility in administration authorized
151.200 Reservation of school sites
Supplementary
Use Regulations
151.210 Temporary emergency, construction or repair
residences
151.211 Temporary construction and sales offices
151.212 Mining
151.213 Camping and campers
151.214
151.215 Mobile homes
151.216 Adult and sexually-oriented businesses
151.217 Privately owned landfills, convenience sites
and related facilities
Major Subdivision
Design Requirements; Review Procedures and Approval Process
151.230 Lands subject to subdivision regulations within
this chapter
151.231 General
151.232 Design standards and criteria
151.233 Required major subdivision submission documents
and information
151.234 Certification blocks required for major
subdivisions
151.235 Sketch design plan procedures
151.236 Sketch design plan review process
151.237 Preliminary plat procedures
151.238 Preliminary plat review process
151.239 Final plat procedures
2003 S-1
Unified
Development 27
151.240 Final plat review process
151.241 Plat approval not acceptance of dedication
offers
151.242 Protection against defects
151.243 Maintenance of dedicated areas until acceptance
151.244 Acceptable bond terms and methods
151.245 Authorization to file
151.246 Replatting or resubdivision of land
Minor
Subdivision Requirements; Review and Approval Process
151.260 Abbreviated procedure for minor subdivisions
151.261 Design standards
151.262 Contents
151.263 Minor subdivision approval
Private Access
Subdivision Regulations; Review and Approval Process
151.275 Abbreviated procedure for private access
subdivisions
151.276 Design standards
151.277 Contents
151.278 Private access subdivision plat approval
Common Open
Space Subdivisions
151.290 Purpose
151.291 Applicability and lot sizes
151.292 Determining density or yield
151.293 Density bonus and incentives for developing a
common open space subdivision
151.294 Ownership and minimum percentage of open space
151.295 Location of open space
151.296 Evaluation criteria
151.297 Site planning procedures for open space
subdivisions
151.298 Planned unit development
Site Plans
Required
151.310 General
151.311 Residential site plan requirements
151.312 Commercial site plan requirements
28
Permissible
Uses and Table
151.325 General
151.326 Use of designations “Z,” “S” and “C” in table
151.327 Board of Adjustments' jurisdiction over uses
otherwise permissible with a zoning permit
151.328 Permissible uses and specific exclusions
151.329 Accessory uses
151.330 Permissible uses not requiring permits
151.331 Change in use
151.332 Combination uses
151.333 More specific use controls
151.334 Table of permissible uses
Conditional and
Special Uses
151.345 Purpose of conditional and special use permits
151.346 General standards
151.347 Specific standards
Nonconforming
Situations
151.360 Definitions
151.361 Continuation of nonconforming situations and
completion of nonconforming projects
151.362 Nonconforming lots
151.363 Extension or enlargement of nonconforming
situations
151.364 Repair, maintenance and reconstruction
151.365 Change in use of property where a nonconforming
situation exists
151.366 Abandonment and discontinuance of nonconforming
situations
151.367 Completion of nonconforming projects
151.368 Amortization of nonconforming situations
Floodways and
Floodplains
151.380 Definitions
151.381 Artificial obstructions within floodways
prohibited
151.382 Permissible uses within floodways
151.383 Construction within floodways and floodplains
restricted
151.384 Special provisions for subdivisions
151.385 Water supply and sanitary sewer systems in
floodways and floodplains
151.386 Additional duties of Administrator related to
flood insurance and flood control
Unified
Development 29
151.387 Floor elevation or flood-proofing certification
required
151.388 Location of boundaries of floodplain and
floodway districts
151.389 Regulations do not guarantee flood protection
151.390 Standards for streams without established base
flood elevations and/or floodways
Drainage,
Erosion Control and Stormwater Management
151.400 Natural drainage system utilized to extent
feasible
151.401 Developments must drain properly
151.402 Stormwater management
151.403 Sedimentation and erosion control
Sign Regulations
151.415 Definitions
151.416 General provisions
151.417 Signs permitted in the R-1, R-2 and R-3
residential districts
151.418 Off-premise signs
Building
Inspections and Permits
151.430 Regulatory codes adopted by reference
151.431 Inspection procedure
151.432 Administrative
Planning Board
151.445 Appointment and terms of Planning Board members
151.446 Meetings of the Planning Board
151.447 Quorum and voting
151.448 Planning Board officers
151.449 Powers and duties of the Planning Board
151.450 Planning Issue Advisory Committees
Board of
Adjustment
151.460 Appointment and terms of Board of Adjustment
151.461 Meetings of the Board of Adjustment
151.462 Quorum
151.463 Voting
151.464 Board of Adjustment officers
151.465 Powers and duties of Board of Adjustment
30
Administrator
151.475 Administrator
Board of
Commissioners
151.485 Board of Commissioners
Zoning, Special
Use and Conditional Use Permits
151.495 Permits required
151.496 No occupancy, use or sale of lots until
requirements fulfilled
151.497 Who may submit permit applications
151.498 Applications to be complete
151.499 Staff consultation before formal application
151.500 Staff consultation after application submitted
151.501 Zoning permits
151.502 Authorizing use or occupancy before completion
of development under zoning permit
151.503 Special use permits and conditional use permits
151.504 Burden of presenting evidence; burden of
persuasion
151.505 Recommendations on conditional use permit
applications
151.506 Recommendations on special use permits
151.507 Board of Commissioners action on special use
permits
151.508 Board of Adjustment action on conditional use
permits
151.509 Additional requirements on special use and
conditional use permits
151.510 Authorizing use, occupancy or sale before
completion of development under special use or conditional use permits
151.511 Completing developments in phases
151.512 Expiration of permits
151.513 Zoning vested right
151.514 Effect of permit on successors and assigns
151.515 Amendments to and modifications of permits
151.516 Reconsideration of Board action
151.517 Applications to be processed expeditiously
151.518 Maintenance of common areas, improvements and
facilities
Appeals,
Variances and Interpretations
151.530 Appeals
151.531 Variances
151.532 Variances from floodplain or floodway
requirements
Unified
Development 31
151.533 Interpretations
151.534 Requests to be heard expeditiously
151.535 Burden of proof in appeals and variances
151.536 Board action on appeals and variances
Hearing
Procedures for Appeals and Applications
151.550 Hearing required on appeals and applications
151.551 Notice of hearing
151.552 Evidence
151.553 Modification of application at hearing
151.554 Record
151.555 Written decision
Enforcement and
Review
151.565 Complaints regarding violations
151.566 Persons liable
151.567 Procedures upon discovery of violations
151.568 Penalties and remedies for violations
151.569 Permit revocation
151.570 Judicial review
Amendments
151.580 Amendments in general
151.581 Initiation of amendments
151.582 Planning Board consideration of proposed
amendments
151.583 Hearing required; notice
151.584 Board action on amendments
151.585 Ultimate issue before Board on amendments
151.586 Map amendments along major arterials
Definitions
151.600 Definitions of basic terms
Appendices
Appendix A: Information required with applications
Appendix B: Specifications on driveway entrances
Appendix C: Specifications for street design and
construction
32
Appendix D: Vehicle accommodation area surfaces
Appendix E: Screening and trees
GENERAL
PROVISIONS
§ 151.001 PURPOSE.
(A) In accordance with G.S. § 153A‑340, the
purpose of this chapter is to promote health, safety, morals and the general
welfare. This chapter is adopted
pursuant to the authority contained in G.S. §§ 153A‑320 et
seq., Planning and Regulation of Development; G.S. §§ 143‑215.51
et seq., Floodway Regulation; and G.S. §§ 113A‑50 et seq.,
Sedimentation Pollution Control.
(B) Whenever any provision of this chapter refers
to or cites a section of the state statutes and that section is later amended
or superseded, the chapter shall be deemed amended to refer to the amended
section(s) or the section(s) that most nearly corresponds to the superseded
section(s).
(C) These regulations are made in accordance with
a land use plan and designed to lessen congestion in the streets, to secure
safety from fire, panic and other dangers; to prevent the overcrowding of land,
to avoid undue concentration of population; to facilitate the adequate
provision of transportation, water, sewage, schools, parks and other public
requirements; to promote desirable living conditions and the sustained
stability of neighborhoods, to protect property against blight and depreciation
and to promote aesthetic quality of the community.
(Ord. passed
§ 151.002 TITLE.
This chapter
shall be known and may be cited as the “Camden County Unified Development
Chapter,” and the map herein referred to, which is identified by the title
“Camden County Zoning Map,” revised
(Ord. passed
§ 151.003 AFFECTED TERRITORY.
This chapter
shall apply to all lands within the county borders.
(Ord. passed
Unified
Development 33
§ 151.004 CONFLICT WITH OTHER LAWS.
When regulations
made under authority of this chapter require a greater width or size of yards
or courts, or require a lower height of a building or fewer number or stories,
or require a greater percentage of a lot to be left unoccupied, or impose other
higher standards than are required in any other statute or local ordinance or
regulation, the regulations made under authority of this chapter shall
govern. In the event this chapter
conflicts with other provisions of local, state or federal law, that law which provides
the greatest protection to environment and natural features shall govern. Where that intent is not clear from a
superficial reading of this chapter and laws, that law or provision which is
most restrictive shall apply.
(Ord. passed
§ 151.005 BONA FIDE FARMS EXEMPT.
(A) The provisions of this chapter shall not apply
to bona fide farms, except that:
(1) Farm property used for non‑farm purposes
shall not be exempt from regulation.
(2) The provisions of §§ 151.380 through 151.390
and 151.400 through 151.403, regulating development in the floodways and
floodplains, as required for participation in the National Flood Insurance
Program, shall apply to bona fide farms.
(B) For the purpose of this chapter, the following
definition shall apply unless the context clearly indicates or requires a
different meaning.
BONA FIDE FARM. Any tract or tracts of land, one of which
must contain at least ten acres and which meets the following criteria:
(a) On property an owner or lease is actively engaged
in a substantial way in the commercial production or growing of crops, plants,
livestock or poultry; and
(b) The property has produced or yielded, during
each of the three immediately preceding years, a gross income from the above‑described
commercial production or growing of crops, plants, livestock or poultry,
including payments received under soil conservation or land retirement
programs, but not land rents paid to a non‑resident owner, of at least
$1,000.
(C) Uses exempted from regulation shall only
include any dwelling which is or will be the permanent residence of the owner
or owner‑occupant of the farm, the permanent residence of the son,
daughter, mother, father, grandfather or grandmother of the owner or the
permanent residence of the individual and his or her family where the
individual earns at least 75% of his or her income from employment on the farm.
(Ord. passed
34
§ 151.006 EFFECTIVE DATE.
The provisions
in this chapter are hereby adopted and effective on
(Ord. passed
§ 151.007 RELATIONSHIP TO EXISTING ZONING, SUBDIVISION
AND FLOOD CONTROL ORDINANCES.
To the extent
that the provisions of this chapter are the same in substance as the previously
adopted provisions that they replace in the county's zoning, subdivision or
flood control ordinances, they shall be considered as continuations thereof and
not as new enactments unless otherwise specifically provided. In particular, a situation that did not
constitute a lawful nonconforming situation under the previously adopted zoning
ordinance does not achieve lawful nonconforming status under this chapter
merely by the repeal of the zoning ordinance.
(Ord. passed
§ 151.008 RELATIONSHIP TO LAND USE PLAN.
(A) It is the intention of the Board that this
chapter implement the planning policies adopted by the Board for the county as
reflected in the land use plan and other planning documents.
(B) While the Board reaffirms its commitment that
this chapter and any amendment to it be in conformity with adopted planning
policies, the Board hereby expresses its intent that neither this chapter nor
any amendment to it may be challenged on the basis of any alleged nonconformity
with any planning document, except to the extent that consistency between the
plan and ordinances that affect areas of environmental concern is required by
G.S. § 113A‑111, Effect of Land Use Plan.
(Ord. passed
Unified
Development 35
§ 151.009 NO USE OR
(A) No person may use, occupy or sell any land or buildings
or authorize or permit the use, occupancy or sale of land or buildings under
his or her control, except in accordance with all of the applicable provisions
of this chapter, except in nonconforming situations, as described in §§ 151.360
through 151.368.
(B) For the purpose of this chapter, the following
definition shall apply unless the context clearly indicates or requires a
different meaning.
USE OR OCCUPANCY
OF A BUILDING OR LAND.
Anything and everything that is done to, on or in that building or land.
(Ord. passed
§ 151.010 FEES.
(A) (1) Reasonable
fees sufficient to cover the costs of administration, inspection, publication
of notice and similar matters may be charged to applicants for zoning permits,
sign permits, conditional use permits, special use permits, subdivision plat
approval, zoning amendments, variances and other administrative relief.
(2) The amount of the fees charged shall be as set
forth in the county's budget or as established by resolution of the Board filed
in the office of the
(B) Fees established in accordance with division
(A) above shall be paid upon submission of a signed application or notice of
appeal.
(Ord. passed
§ 151.011 SEVERABILITY.
It is hereby
declared to be the intention of the Board that the sections, paragraphs,
sentences, clauses and phrases of this chapter are severable, and if any
section, paragraph, sentence, clause or phrase is declared unconstitutional or
otherwise invalid by any court of competent jurisdiction in a valid judgment or
decree, the unconstitutionality or invalidity shall not affect any of the
remaining sections, paragraphs, sentences, clauses or phrases of this chapter
since the same would have been enacted without the incorporation into this chapter
of the unconstitutional or invalid section, paragraph, sentence, clause or
phrase.
(Ord. passed
36
§ 151.012 COMPUTATION OF TIME.
(A) Subject to division (C) below, the time within
which an act is to be done shall be computed by excluding the first and
including the last day. If the last day
is a Saturday, Sunday or a legal holiday, that day shall be excluded. When the period of time prescribed is less
than seven days, intermediate Saturdays, Sundays and holidays shall be
excluded.
(B) Whenever a person has the right or is required
to do some act within a prescribed period after the service of a notice or
other paper upon him and her and the notice or paper is served by mail, three
days shall be added to the prescribed period.
(C) Whenever the Administrator or other person is
required to take certain action (such as mailing or publishing a notice) on or
before a specified number of days prior to the occurrence of an event (such as
a public hearing), then in computing the period, the day of the event shall not
be included, but the day of the action shall be included. For example, if notice of a public hearing is
required to be published at least ten days before the hearing, then notice
published on the first of the month would be satisfactory for a hearing on the
eleventh. The provisions of division (A)
above shall not apply to this division.
(Ord. passed
§ 151.013 ENCROACHMENT OF OPEN SPACE.
No yard shall be
encroached upon or reduced, except in conformity with these regulations. No yard for any building shall be considered
as a yard for any other building.
(Ord. passed
§ 151.014 EVERY
No building or
structure shall be established on a lot recorded in the Camden County Registry
after
(Ord. passed
2003 S-2
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§ 151.015 MIXED USES.
When two or more
uses occupy the same building, the more restrictive requirements applicable to
any use in the district which the lot is located shall apply to the buildings.
(Ord. passed
§ 151.016 FRACTIONAL REQUIREMENTS.
When any
requirement of this chapter results in a fraction of a unit, the fraction shall
be disregarded.
(Ord. passed
§ 151.017 IMPROVEMENT PERMIT REQUIRED.
(A) Prior to the issuance of zoning or building
permits, verification must be submitted by the applicant that the lot will be
served by either a state-approved package plant or public sewer facility or a
waste treatment system complying with the requirements of the District Health
Department. This requirement shall not
apply to camper lots in existence on the effective date of this chapter, where
the electrical power is interrupted on a seasonal basis and an electrical permit
is required prior to resumption of power. Evidence of the securing of an
improvements permit shall not constitute evidence of compliance with
requirements of any district or zone in this chapter or the overlay zones
referred to herein.
(B) Prior to the issuance of zoning or building
permits on all lots or parcels created on or after June 3, 2002, the applicant
must adequately demonstrate to the satisfaction of the Administrator that the
lot will be served by either a road already maintained in the state road system
or that the right-of-way serving the property has been built to state road
standards and will be maintained to the state road standards. This provision shall not apply to structures
exempt from zoning and building regulations under the bona fide farm exemption.
(Ord. passed
§ 151.018 MISCELLANEOUS.
(A) Whenever an exact number, value or percentage
is prescribed or required in any part of this chapter, the Administrator may
permit a 5% deviation, either greater or less than. Such deviation, when allowed by the
Administrator, shall be done so in writing stating the facts for allowing the
deviation. The Administrator shall
provide a copy of the approval to the person requesting the deviation and to
the approving authority, if other than the approving authority.
(B) Words used in the singular in this chapter
include the plural and words used in the plural include the singular.
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(C) As used in this chapter, words indicating the
masculine gender include the feminine and neuter.
(Ord. passed
ZONING
DISTRICTS
§ 151.030 RESIDENTIAL DISTRICTS ESTABLISHED.
(A) The following residential districts are hereby
established: R‑1, R‑2, R‑3
and GUD. Each of these districts is
designed and intended to secure for the persons who reside there a comfortable,
healthy, safe and pleasant environment in which to live, sheltered from
incompatible and disruptive activities.
(B) Other objectives of some of these districts
are explained in the remainder of this section.
(1) The R‑1, mixed village residential,
district is designed to provide for low density residential development in
areas that do not intrude into areas primarily devoted to agriculture in or
near the three core villages of Camden, Shiloh and South Mills, as appropriate.
(2) The R‑2, mixed single-family
residential, district is designed to control the development of moderate
density residential neighborhoods characterized by a mixture of single-family
dwelling types in relatively close proximity to the three core villages of
Camden, Shiloh and South Mills, as appropriate.
This district is intended to provide moderate cost housing options for
residents and to restrict the encroachment of mixed residential types in other
districts, and to restrict the encroachment of incompatible business uses (farm
related or other) in established residential areas.
(3) The R‑3, basic residential, districts
are designed to provide for low density residential development in areas that
are adjacent to those areas primarily devoted to agriculture. In addition, it is not intended for the
placement of any mobile homes within this district. Except as otherwise stated or if the context of
the use indicates otherwise, when the term “R-3 district” is used in this
chapter, it shall refer to both the R-3-1 district and the R-3-2 district.
(a) The R-3-1 district is an R-3 district having
lots of one or more acres in size.
(b) The R-3-2 district is an R-3 district having
lots of two or more acres in size.
(4) The GUD, general use, district is established
to allow opportunities for very low density residential development and bona
fide farms, along with agricultural and related agricultural uses (e.g.,
timber, horticulture, silviculture and aquaculture.)
(Ord. passed
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§ 151.031 COMMERCIAL DISTRICTS ESTABLISHED.
(A) The following commercial districts are hereby
established: CCD, NCD, HC and MC.
(B) These districts are created to accomplish the
purposes listed below.
(1) The CCD, community core, district is designed
to provide the core commercial use in the county’s three villages,
(a) To preserve this special mix while minimizing
conflicts between uses; and
(b) To allow only development which can adequately
be served with public amenities.
(2) The NCD, neighborhood commercial, district is
designed primarily to encourage the concentration of commercial facilities, as
necessary, outside the core villages but still in clusters and to provide
readily accessible shopping facilities for rural residents. The district differs from the community core
district in that uses are limited to small commercial and service businesses
whose market is primarily those residents within the immediate vicinity. These districts shall be limited to between
two and four acres in size and typically located near intersections. This district is also designed to include
very limited kinds of water‑related commercial activities to serve a
waterfront neighborhood.
(3) The HC, highway commercial, district is
designed to provide for and encourage the proper grouping and development of
roadside uses which will best accommodate the needs of the motoring public
along US 17, US 158 and NC 343. In addition,
commercial uses served by large trucks and other intense commercial uses shall
be encouraged to locate in these districts.
These regulations are intended to control those aspects of development
that affect adjacent residential land use, traffic flow and the capacity of the
land to absorb development. Specifically
prohibited in this district are uses which create a hazardous or noxious effect
and junkyards.
(4) The MC, marine commercial, district is
designed to provide for the development of businesses which depend upon or are
significantly related to waterfront and tourist locations. The district regulations are imposed so that
services and commodities required by users of the county's waterways shall be
provided in a manner which does not adversely affect the waters that attract
those users or adjacent land users.
(Ord. passed
§ 151.032 MANUFACTURING DISTRICTS ESTABLISHED.
(A) (1) The I‑1,
light industrial, district is designed to provide space for industries,
wholesaling and warehouse facilities and some related service establishments
which can be operated in a relatively
clean and quiet
manner and which will not be obnoxious to adjacent residential or commercial
districts.
2003 S‑2
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(2) The regulations are designed to prohibit the
use of land for heavy industry which should properly be separated from other
uses and to prohibit any use which would substantially interfere with the
development and operation of other industrial establishments in the district. The two districts are
distinguished in
that certain types of manufacturing uses that tend to have significant adverse
impacts on surrounding properties are excluded from the I‑1 district and
are made permissible only within the I‑2 district. These uses are listed in §§ 151.325 through
151.334.
(B) The I‑2, heavy industrial, district is
designed to provide an area in which the principal use of land is for heavy
industries that by their nature may create some nuisance and which are not
properly associated with nor compatible with most residential, commercial and
service establishments.
(Ord. passed
§ 151.033 FLOODPLAIN AND FLOODWAY OVERLAY DISTRICTS.
The floodplain,
FP, and floodway, FW, districts are hereby established as overlay districts and
the land so encumbered may be used in a manner permitted in the underlying
district only if and to the extent the use is also permitted in the applicable
overlay district. The floodplain and
floodway districts are further described in §§ 151.380 through 151.390 and are
shown by a series of maps known as the flood insurance rate map(s).
(Ord. passed
§ 151.034 MINING OVERLAY DISTRICT.
(A) The mining district is hereby established as an
overlay district, and the land so classified may be used in a manner permitted
in the underlying district only if and to the extent the use is also permitted
by the provisions of this overlay district.
(B) Permitted uses within mining overlay districts
are granted by special use permit and may be issued only if the applicant has
received the state mining permit and complies with the general standards and
following specific standards. The intent
of this overlay district is to allow certain mining operations to take place in
the county in very limited locations and under very restrictive circumstances,
to insure that safety is maintained during excavations and to insure that mined
lands are restored to a usable form after excavation. Any mining activity, including excavation
area, overburden area, settling ponds, processing areas and the like, shall be
subject to these regulations and require a special use permit.
(C) Mining, as defined herein, shall be conducted
only within a mining overlay district in the county.
(D) (1) Mining
shall be considered any extractive operations including, but not limited to the
quarrying, removal of sand, gravel, minerals, clay, soil, topsoil or similar
operations. For purposes of this
section, mining shall not include extractive operations: (a) where less than one acre of land is
disturbed; and (b) where the materials are for use on property owned or under
the direct control (e.g. farmland under written lease) of the property owner
where the mining occurs. Before the
issuance of
2003 S‑2
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a permit for
mining activity, an erosion and sedimentation control plan must be filed with
and approved by State Department of Environment, Health and Natural Resources
(NCDEHNR), Land Quality Section.
(2) For a landfill, convenience site and related
facility use (Table of Permitted Uses, use no. 15.300), no special use permit
for mining activity is required if a valid zoning permit is issued for the
facility. However, in addition to any
other requirements or conditions before any zoning permit is issued to the applicant,
the applicant must obtain: (a) a state
mining permit; and (b) an erosion and sediment control plan must be filed with
and approved by the State Department of Environment, Health and Natural
Resources, Land Quality Section.
(E) The following criteria are intended as a guide
to determining whether it is appropriate to overlay an existing district with a
mining overlay designation. These
criteria are not exclusive and the Board of Commissioners may consider other
criteria in determining whether a mining overlay district is appropriately
placed on the official zoning map:
(1) No mining overlay district should be located
within 50 feet of any property line or public right‑of‑way. Setbacks will be reduced by 50% when there is
a visual screen at least six feet in height between the mining activity and the
adjoining use.
(2) All tracts of land in a mining overlay
district should have direct access to a paved highway which has been dedicated
to the public for maintenance by the State Department of Transportation. Tracts
with direct access include only:
(a) Those tracts having either road frontage or a
duly recorded access easement of at least 30 feet on a state‑maintained
highway; or
(b) Those tracts contiguous to and in the same
ownership as tracts which are within the mining district and which have at
least 30 feet of frontage on a state‑maintained highway.
(F) When an area of the county is rezoned so that
it is within a mining overlay district, the existing zoning of the area will
remain intact and the mining overlay district acts to add mining to the list of
permitted uses available for development in that area. The dimensional and other requirements of the
underlying district will remain in effect unless the mining overlay district
requirements are more restrictive, in which case the mining overlay district
requirements will prevail.
(G) Approval of a mining overlay district shall
authorize the
(Ord. passed
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§ 151.035 COMMERCIAL FISHING OVERLAY DISTRICT.
(A) The commercial fishing overly district, CF, is
hereby established as an overlay district and the land so classified may be
used in a manner permitted in the CF district in addition to all uses permitted
by the provisions of the underlying zoning district.
(B) The intent of this overlay district is to
allow certain commercial fishing uses in the county in limited locations and
under restrictive circumstances, to insure that nearby properties are not
adversely affected.
(C) If a zoning permit for commercial fishing is
approved, the property shall principally be used for the purpose of commercial
fishing and any residential function shall be an accessory use of the
property. The residential use may not
exceed 50% of the total area actively used for commercial fishing purposes.
(D) All commercial fishing and related activities
shall take place behind a fence that shall fully conceal from the front public
or private street all commercial fishing activities occurring on the property.
(E) All employee parking shall be located behind
fencing required in division (D) above, but visitor and retail parking may be
located outside the required fence.
(F) The wholesale and retail sale of fish and
shellfish is a permitted use in the commercial fishing district. Restaurant uses are permitted, but restaurant
seating areas shall not exceed 25% of the total area actively used for
commercial fishing purposes. Camping,
transient lodging, admission fees, dockage fees and wharfage
fees are prohibited.
(G) Within one year of the issuance of a zoning
permit for a use permitted in the commercial fishing district, a residence or
work building of not less than 600 square feet shall be erected on a
parcel. The building shall be erected in
compliance with the State Building Code and shall be connected both to a public
water supply system and to a public sanitary sewer system.
(H) If a public or community sewer line is extended
that serves the lot with a structure in the commercial fishing overlay
district, then any zoning permit, conditional use permit or special use permit
issued at any time in the district shall expire at the end of one year
following the date the public or community sewer system becomes available to
the lot if the structure is not connected to the public or community sewer
system.
(I) Power washing of boats, equipment or gear
shall only occur inside the fenced area described in division (D) above and
only between the hours of 8:00 a.m. and 5:00 p.m. on Monday through Friday,
inclusive.
(J) Maintenance and repair work on boats shall
take place behind the fence described in division (D) above and in the rear of
the property.
2003 S‑2
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(K) Outdoor lighting shall be shielded or oriented
so as to prevent glare from being directed onto adjacent properties.
(L) There shall be no overnight storage of seafood
waste, except in a completely enclosed container that shall be secured in a way
that odors shall not emit from the container.
No commercial seafood waste may be disposed of or otherwise placed in
any convenience site operated by or for the county.
(M) Any boats
docked alongside the property shall be docked parallel to the property with the
bow and stern securely fastened to the property without any other boat or
vessel in between the boat and the property.
(N) Except within a marine commercial district,
commercial fishing uses may only occur within a commercial fishing overlay
district, CF, in the county.
(O) New commercial fishing overlay districts or
additions on an existing commercial fishing overly district shall be made in the
same manner as other amendments are made to the official zoning map. A new commercial fishing overlay district
shall consist of an area not less than ten contiguous acres. Additions to an
existing commercial fishing overlay district shall be made in increments of not
less than one acre.
(P) All existing zoning permits, conditional use
permits, special use permits or other permits issued by the county for the
purpose of home‑based commercial fishing are hereby repealed and any lot
located within a commercial fishing overlay district for which a permit was
issued shall be considered to have a zoning permit allowing commercial fishing
under the terms and conditions of this chapter. All home‑based commercial
fishing uses operation under an existing zoning permit, conditional use permit,
special use permit or other permit issued by the county for the purpose of home‑based
commercial fishing for any lot located outside a commercial fishing overlay
district shall, if the permit has not already expired, be considered a
nonconforming use.
(Ord. passed
ZONING MAP
§ 151.045 OFFICIAL ZONING MAP.
(A) (1) There
shall be a map known and designated as the “Official Zoning Map,” which shall
show the boundaries of all zoning districts within the county.
(2) This zoning map shall be drawn on acetate or
other durable material from which prints can be made, shall be dated and shall
be kept in the County Department of Planning and Inspections.
2003 S‑2
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(B) The official zoning map, dated
(C) (1) Should
the official zoning map be lost, destroyed or damaged, the Administrator may
have a new map drawn on acetate or other durable material from which prints can
be made.
(2) No further Board authorization or action is
required so long as no district boundaries are changed in this process.
(Ord. passed
§ 151.046 AMENDMENTS TO OFFICIAL ZONING MAP.
(A) Amendments to the official zoning map are
accomplished using the same procedures that apply to other amendments to this
chapter, as set forth in §§ 151.580 through 151.586.
(B) (1) The
Administrator shall update the official zoning map as soon as possible after
amendments to it are adopted by the Board.
Upon entering the amendment on the map, the Administrator shall change
the date of the map to indicate its latest revision.
(2) New prints of the updated map may then be
issued.
(C) No unauthorized person may alter or modify the
official zoning map.
(D) The Administrator shall keep copies of
superseded prints of the official zoning map for historical reference in a
location such that they can be retrieved within not more than one working day.
(Ord. passed
Cross-reference:
Zoning map
changes, see T.S.O. Table V
§ 151.047 LOTS DIVIDED BY DISTRICT LINES.
(A) Whenever a single lot two acres or less in size
is located within two or more different zoning districts, the district
regulations applicable to the regulations of the more restrictive district
shall apply.
(B) Whenever a single lot greater than two acres
in size is located within two or more different zoning districts, then the
regulations applicable for the district covering that portion of the lot shall
apply.
(Ord. passed
2003 S-2
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DENSITY AND
DIMENSION REGULATIONS
§ 151.060 MINIMUM
(A) Subject to the provisions of §§ 151.061,
151.066 and 151.290 through 151.297, every lot in every zoning district, except
the R-3 district and general use district and community core district, shall
have or contain at least 40,000 square feet.
The minimum lot size in the R-3-1 district shall be one acre and the
minimum lot size in the R-3-2 district shall be two acres. The minimum lot size in the general use
district shall be five acres. The
community core district minimum lot size shall be 20,000 square feet with
connection to a public water system and 10,000 square feet with connection to a
public water system and to a public sewer system. Minimum lot sizes shall not apply to areas
designated as open space. The minimum
lot size for a parcel created pursuant to division (e) of the definition of
subdivision as provided in § 151.230(A) shall be either: (1) one acre; or (2)
the minimum lot size applicable for the zoning district where the lot is
created, whichever is smaller.
(B) For purposes of this and the following
sections, land that is submerged or regularly under water or intended in the
future to be in such condition in canals, sounds, streams, oceans, CAMA
wetlands and the like shall not be included in the area of any lot for the
purpose of meeting minimum square footage requirements, except where the area
is designated as open space, in which case the provisions of §§ 151.066,
151.195 et seq. and 151.290 et seq. shall apply.
(C) Condominium units are exempted from minimum
lot size requirements provided the lot on which they are located is legally
created and documents establishing an association of owners for the purpose of
maintaining, administering and operating common areas and facilities are
recorded with the
(Ord. passed
§ 151.061 MAXIMUM RESIDENTIAL DENSITY.
(A) Multi‑family and two‑family
residences shall be subject to the minimum lot sizes established in § 151.066.
(B) The densities set forth in this section are
permissible only if and to the extent that water and sewer facilities are or
will be made available to serve the proposed density in accordance with the
provisions of §§ 151.170 et seq. or if water and sewer facilities are
not available to serve the proposed density, then such density shall be limited
by the availability of conventional individual water wells and septic systems,
being approved for the particular lot or parcel. In addition, nothing in this section shall be
interpreted as authorizing a type of use (such as multi‑family) in a
district (such as R‑1, R‑2 or R‑3) where the uses are not
permitted under the Table of Permissible Uses.
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(C) In determining the number of dwelling units
permissible on a tract of land fractions shall be dropped.
(Ord. passed
§ 151.062 MINIMUM
(A) No lot may be created that is so narrow or
otherwise so irregularly shaped that it would be impracticable to construct on
it a building that:
(1) Could be used for purposes that are
permissible in that zoning district; and
(2) Could satisfy any applicable setback
requirements for that district.
(B) The following lot widths shall be deemed
presumptively to satisfy the standard set forth in division (A) above:
(1) In all zoning districts, except planned unit
developments and general use districts:
125 feet. This provision shall
not apply to lots in common open space subdivisions and as provided in §
151.014, every lot must abut a street or road.
(2) Lots in open space subdivisions shall comply
with these provisions or § 151.014, every lot must abut a street or road and
division (A) above.
(3) In the general use district, the minimum lot
width shall be 300 feet.
(4) In planned unit developments, 75 feet if the
lot is served by a public water supply system or 50 feet if the lot is served
by both a public water supply system and a public waste water collection
system.
(C) Lots fronting on cul‑de‑sacs shall
have at least 80% of the minimum lot width required when measured to a point 50
feet back from the street right‑of‑way. Further, cul‑de‑sac lots shall
have a minimum of 35 feet of frontage along the street right‑of‑way.
(D) Flag lots may be permitted subject to the
following:
(1) No more than 5% of the lots within a
subdivision may be flag lots; however, all major subdivisions shall be entitled
to at least one flag lot; (no limit restriction shall apply in common open
space subdivisions).
(2) The area within the arm shall not be included
in determining the minimum lot area.
(3) Flag lots are prohibited whenever their effect
would be an increase in the number of lots accessing arterial roads.
2003 S-2
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(4) The minimum width of the “arm” or “pole” portion
of a flag lot shall be 45 feet.
(Ord. passed
§ 151.063 SETBACK REQUIREMENTS.
(A) Subject to §§ 151.064 and 151.065 and other
provisions of this chapter, no portion of any structure may be located on any
lot closer to any lot line or to a street than is authorized in the tables set
forth below:
|
Table
of Setback Requirements for lots recorded prior to |
|||||||||||||
|
Street
Setbacks |
|
||||||||||||
|
Zoning
District |
Vehicular
and Structural Setback |
Structural
Side Setback |
Structural
Rear Line Setback |
Vehicular
Area Side and Rear Setbacks |
|||||||||
|
CCD |
25
feet |
10
feet |
10
feet |
10
feet |
|||||||||
|
HC, NCD, I-1,
I-2 |
25 |
10 |
10 |
0 |
|||||||||
|
R-1 |
25 |
10 |
10 |
10 |
|||||||||
|
R-2 |
50 |
10 |
10 |
10 |
|||||||||
|
R-3 |
50 |
10 |
10 |
10 |
|||||||||
|
GUD |
100 |
25 |
25 |
25 |
|||||||||
|
Table
of Setback Requirements for lots recorded after |
|||||||||||||
|
Street
Setbacks |
|
||||||||||||
|
Zoning
District |
Vehicular
and Structural Setback |
Structural
Side Setback |
Structural
Rear Line Setback |
Vehicular
Area Side and Rear Setbacks |
|||||||||
|
CCD |
25
feet |
10
feet |
10
feet |
10
feet |
|||||||||
|
HC, NCD, I-1,
I-2 |
25 |
10 |
10 |
0 |
|||||||||
|
R-1 |
25 |
10 |
10 |
10 |
|||||||||
|
R-2 |
50 |
10 |
10 |
10 |
|||||||||
|
R-3 |
50 |
25 |
25 |
25 |
|||||||||
|
GUD |
100 |
25 |
25 |
25 |
|||||||||
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(1) With respect to lots in the HC, NCD, R-1 and
R-2 districts located along major arterials (US 17 [excluding US 17 business],
US 158, NC 34, NC 343), the minimum street structure setback set forth in the
table above shall be increased by 25 feet.
However, the increased setback shall not apply to bank automated teller
machines and gas pumps with associated canopies and vehicular areas serving the
gas pumps, provided a minimum 25-foot setback is maintained along major
arterials.
(2) If the street right‑of‑way line is
readily determinable (by reference to a recorded map, set irons or other means)
the street setback shall be measured from the right‑of‑way
line. If the right‑of‑way
line is not so determinable, the street setback shall be measured from a point
established by finding the centerline of the street and adding to it one-half
the width of the right‑of way, plus 15 feet. It shall be the responsibility of the
applicant to obtain a certified established right‑of‑way line from
NCDOT or a state register surveyor.
(3) For the purpose of this section, the following
definitions shall apply unless the context clearly indicates or requires a
different meaning.
STRUCTURE. Any form or arrangement of a building or
construction materials involving the necessity or precaution of providing
proper support, bracing, tying, anchoring, or other protection against the
pressure of the elements. Fences running
along lot boundaries adjacent to public street rights‑of-way if the
fences exceed six feet in height and are substantially opaque shall be deemed
to fall within this description and are therefore prohibited within the setback
area.
(4) The locations of front, side and rear
structure setback lines on irregularly shaped lots shall be determined by the
Administrator based upon the spirit and the intent of the district regulations.
(B) Whenever a lot with a proposed non-residential
use has a common boundary line with a permitted residential use, the proposed
use shall be responsible for providing, in addition to the standard side yard,
an additional ten-foot wide bufferyard. This ten-foot wide buffer shall extend the
entire length of the common boundary and provide adequate visual and sensory
obstruction. This shall be done in
accordance with the provisions of §§ 151.135 through 151.145 and 151.155
through 151.159, any Board requirements or upon suggestion of the
Administrator.
(C) Setback distances shall be measured from the
property line or street right‑of‑way line to a point on the lot
that is directly below the nearest extension of any part of the structure,
excluding:
(1) The outermost three feet of any uncovered
porch, step, eaves, gutter, canopy, wooden deck, extending more than 12 inches
above the ground or similar fixture;
(2) A deck, or patio if no portion of the same
extends more than 12 inches above the ground;
(3) Any structure that is not a part of the
building itself, but is a mere appendage to it, such as a flagpole and the
like;
2003 S‑2
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(4) Handicapped ramps;
(5) Public walkways, neighborhood walkways and
walkways shared between two or more property owners that extend more than 12
inches above the ground and that may contain a deck or gazebo authorized by
CAMA;
(6) Walkways not extending over 12 inches above
the ground that may have handrails and a deck or gazebo authorized by CAMA; and
(7) On‑premise signs.
(D) Whenever a private road on private property
serves more than three lots or more than three dwelling units or that serves
any non-residential use tending to generate traffic equivalent to more than
three dwelling units is located along a lot boundary, then:
(1) If the lot is not also bordered by a public
street, structures and off‑premise signs shall be setback from the
private road just as if the road were a public street; and
(2) If the lot is also bordered by a public
street, then the setback distance on lots used for residential purposes, as set
forth above in the column labeled “Lot Boundary Setback,” shall be measured
from the inside boundary of the traveled portion of the private road.
(E) For the purpose of this section, the following
definitions shall apply unless the context clearly indicates or requires a different
meaning.
STREET SETBACK. The distance between the nearest position of
any structure or vehicular area and a street or highway right-of‑way line
when measured perpendicularly thereto.
(F) Structure setbacks may be modified in
accordance with the following provisions:
(1) Where land acquisition for a public purpose
reduces a yard of developed properties such that the minimum standards of this
chapter cannot be met, minimum principal structure setbacks for that yard may
be reduced by 25%. Reductions of greater
than 25% shall not be allowed, except by a variance granted from the Board of
Adjustment.
(2) Where a lot is within 500 feet of developed
properties on the same side of the road that contain two or more legally
nonconforming principal structures in terms of front yard setbacks, the front
yard setback for that lot shall be the average setback of all conforming and
legally nonconforming principal structures on the same side of the road within
500 feet of the lot in question.
However, under no circumstance may the front yard setback be less than
the furthest setback on the adjoining lot or be reduced more than 25% of the
minimum required, except by a variance granted from the Board of Adjustment.
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(G) A roof over a pre‑existing stoop may
encroach into required setbacks provided the roof not cover more than 40 square
feet in area.
(H) Guard gates may be placed within a right‑of‑way
with permission of the owner of that right‑of‑way and provided its
location does not constitute a hazard to the public.
(I) Where a future right‑of‑way has
been identified, street setbacks shall be measured from the future right‑of‑way.
(J) Arbors may be located within 20 feet of a
major arterial road.
(K) In accordance with § 151.083, when two or more
parcels share a common driveway in order to reduce the number of curb cuts, the
adjoining side yard setbacks shall not apply provided all fire code regulations
are met and adequate utility and drainage easements are provided.
(L) The setback requirements shall apply to all
storage of equipment, salvage, material, product or any other item related to
an occupation or business.
(Ord. passed
§ 151.064
All accessory
buildings in residential districts must comply with the street setback set
forth in § 151.063, but shall be required to observe only a ten-foot
setback from rear and side boundary lines. However, boat houses and docks
requiring a CAMA permit may locate in accordance with that CAMA permit and not
be subject to rear yard setback requirements.
(Ord. passed
§ 151.065 HEIGHT LIMITATIONS.
(A) No building or structure may exceed a height of
35 feet. Any applicant for a structure
(such as a wireless telecommunications facility) with a height of 50 feet or
more shall obtain written documentation from the manager of any airport which
regularly handles commercial or military air traffic and is located within 15
miles of the proposed site that the structure will not interfere with air
traffic or otherwise pose a risk to air traffic. The applicant may appeal to the Board of
Adjustment if the manager of the airport does not provide the applicant with a
statement as required by this section, and the Board may grant the permit if it
makes written findings of fact that all other requirements under this chapter
are met and if the proposed structure will not interfere or otherwise pose a
risk to air traffic.
(1) Lattice‑type towers having a width
greater than 24 inches at any point over 50 feet are prohibited in the county.
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(2) In calculating the height of a building or
structure for determining its compliance with height limitations contained in
this chapter, the following structures may exceed the maximum height allowed
for the roof line of the building:
church spires and steeples, belfries, cupolas, domes or ornamental
towers, monuments, water towers, chimneys, smoke stacks, conveyors, flagpoles,
parapet walls and any necessary mechanical appurtenances, excluding signs.
(B) Also excluded from other height limitations
contained within this chapter are wireless telecommunication facilities (WTF),
as defined in § 151.600. The siting, height, setbacks, application for construction,
use, maintenance and disassembly of WTF must conform to the regulations of this
section, as follow:
(1) Siting.
(a) Zoning districts.
1. Wireless telecommunication facilities (WTF)
are permitted by right in general use districts, if they adhere to all
applicable requirements stated herein.
2. WTF are permitted as conditional uses in the
HC, I‑1, I‑2 and MC districts, subject to the requirements of this
section and any additional regulations and requirements imposed by the Board of
Adjustments, as provided in §§ 151.495 through 151.518.
3. WTF are prohibited in all other districts.
(b) Co‑location. It is the stated policy of this chapter to
minimize the number of WTF and to encourage the co‑location of antenna
arrays of more than one wireless communication service provider on a single
support structure.
1. Antennas or arrays may be attached to an
existing WTF support structure that is in compliance with all applicable county
regulations, as long as the height of the tower is not increased and structural
integrity of the WTF is not compromised.
2. No new WTF support structure may be
constructed within one mile radius of an existing support tower unless it can
be demonstrated to the satisfaction of the Planning Director or BOA that the
existing support tower is not available for co‑location of an additional
WTF, or that its specific location does not satisfy the operational requirement
of the applicant.
3. All new WTF support structures over 150 feet
shall be structurally designed to accommodate the applicant's communications
equipment as well as comparable communications equipment for at least two other
users.
4. WTF may be mounted or attached to any
existing structure (such as water towers, steeples or electric transmission
towers) provided that the owner of the structure and the Planning Director or
BOA are in agreement that the WTF is not obtrusive or otherwise disagreeable.
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(2) Height.
(a) WTF less than 35 feet in height, and used for
personal and private purposes are permitted by right in all districts and are
subject to the setback requirements of the district in which it is located.
(b) Any WTF between 35 feet and 300 feet are
subject to the regulations contained within this chapter.
(c) WTF more than 300 feet are not permitted in
the county.
(3) Setback.
(a) The single parcel of land proposed as a WTF
site shall be of sufficient size to accommodate a fall line easement of not
less than a circle with a radius equal to the setback distances described
below. Preserving an easement shall be a
required condition of any zoning or conditional use permit issued in accordance
with site approval. No structure, other
than the existing single residence of the property owner and its customary,
accessory structures shall be permitted within the fall line easement.
(b) Excluded from this requirement are the
necessary equipment shelters, cabinets, guy anchors or other on‑the‑ground
ancillary equipment which shall meet the setback requirements of the zone in
which it is located.
1. Without exception, the radius of the circle
containing the fall line easement must be 100% of the tower height when the
parcel proposed for the WTF abuts or is within 1,000 feet of property
containing a residential structure, church, school or public park or any
platted major residential subdivision.
If the conditions of division (B)(3)(a) above are not present, then:
2. The radius of the circle containing the fall
line easement may be reduced to 50% of the height of the WTF when the proposed
structure is a monopole.
3. The radius of the circle containing the fall
line easement may be reduced to 75% of the tower height when the WTF is a
lattice‑type tower with guy wires.
Guy anchors must be located on the same parcel and must conform to
standard building setbacks for that zoning district. Guy anchors must also be visually screened
according to the requirements hereof.
(4) Application for siting
and construction. Any applicant for
the placement of a new WTF support structure must submit an application package
to the Planning Director containing at least the following information,
regardless of whether it is permitted by right or a conditional use in the
zoning district in which it is proposed.
(a) A copy of the deed for the property in question,
including a legal description, and/or a copy of the survey of the property or
leased area, if applicable;
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(b) A copy of any necessary access easements
and/or lease agreements between the property owner and the service
provider; (This agreement must include a
statement of responsibility for tower removal.)
(c) Written statements assuring the WTF site
complies with:
1. The National Environmental Policy Act of 1969
(NEPA), including the registration number if the WTF is over 200 feet in
height;
2. All applicable Federal Communications
Commission (FCC) regulations; and
3. All applicable Federal Aviation
Administration (FAA) regulations.
(d) A letter regarding non‑ionizing emitted
radiation (NIER), quantifying the level of radiation exposure;
(e) Owner of the property, including full name,
address and telephone number;
(f) Owner of the WTF, including full name,
address and telephone number;
(g) Precise drawings, in plan and cross‑sectional
view, of all proposed structural components of the WTF, including documentation
from a licensed professional engineer demonstrating the proposed facility's
compliance with applicable building code standards and describing the general
structural capacity of the proposed facility, including the number and type of
transmission and/or reception devices that can be accommodated on any WTF
support structure over 150 feet;
(h) A vicinity map drawn to sufficient scale which
depicts all adjacent properties, structures, rights‑of‑way, the fall
line easement, zoning district boundaries, site access on site and adjacent
land uses to a radius of 1,500 feet from the WTF;
(i) The power of
attorney from the property owner to the applicant, if different, acknowledging
that the owner of the property is aware of the application;
(j) A landscape plan drawn to sufficient scale to
show specific location and species of vegetation; and (This requirement may be waived by the
Planning Director or Board of Adjustment based upon existing conditions.)
(k) A surety bond from a reputable financial
institution for 120% of the cost of removal of the proposed WTF. The cost of removal of the WTF shall be
determined by an engineer of sufficient expertise and agreed to by the Planning
Director or BOA.
(l) Any other information as is deemed by the
Planning Director or BOA to be necessary to render a decision.
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(5) Specific requirements regarding
construction and use.
(a) Installation and use of wireless communication
antenna arrays shall conform to such standards as are required by the Federal
Communications Commission and the radio frequency (RF) exposure guidelines
issued by the American National Standards Institute (ANSI).
(b) Any and all proposed telecommunications transmissions
shall not interfere with any existing telecommunications facilities.
(c) Towers shall not be artificially illuminated
unless required by the Federal Aviation Administration or other governmental
regulation. Ground level security
lighting is permitted if kept less than 20 feet in height and is designed to
minimize its effect on adjacent properties.
(d) Only those signs for cautionary or advisory
purposes shall be permitted on any part of a WTF, these may not be posted
higher than 15 feet.
(e) WTF and support facilities shall be designed
to be compatible with the natural and built environment. This includes, but is not limited to
materials, textures, colors, screening and landscaping that are harmonious with
the surroundings.
(f) The perimeter of the tower area shall be
landscaped with a buffer of plant materials that effectively screens the view
of the tower base. This standard buffer
shall consist of a strip at least five feet wide outside the perimeter of the
tower area. This requirement may be
waived by the Planning Director or Board of Adjustment based upon existing
conditions.
(6) Maintenance and alteration. Minor modifications to existing WTF, whether
emergency or routine, are permitted, provided there is no remarkably
significant change in the visual appearance of the facility. Also permitted without further approval is
the addition of transmission/reception devices of other service providers,
provided there are no substantial changes made to the existing support
structure and the alteration does not increase the height of the WTF.
(7) Abandonment and disassembly.
(a) A WTF shall be considered abandoned if it
falls into obvious disrepair or a reasonable attempt is made by the Planning
Director to contact the applicant and/or owner of the WTF, and no contact can
be established.
(b) Once a WTF is deemed abandoned, the owner of
the property and/or the owner of the WTF is responsible for its removal. If arrangements for the removal of the WTF
are not made within 90 days, the county may then utilize the surety bond to
dismantle or remove the structure by any means necessary.
(Ord. passed
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§ 151.066 MULTI‑FAMILY AND TWO‑FAMILY
RESIDENCES.
(A) Multi‑family and two‑family
residences are permissible in accordance with the table of § 151.334.
(B) Subject to division (H) below, every lot
developed for multi‑family dwelling purposes must contain at least the
following square footage:
(1) For two dwelling units (duplex): 60,000 square feet;
(2) For three dwelling units (triplex): 80,000 square feet, plus 10,000 square feet
for every unit over three units up to seven units; and
(3) For eight dwelling units: 130,000 square feet, plus 15,000 square feet
for every unit over eight units.
(C) In determining the number of dwelling units
permissible on a tract of land, fractions shall be dropped.
(D) Thirty percent of the area shall be reserved as
common open space. Open space shall meet
the requirements of this chapter.
(E) The minimum lot width required to establish
multi‑family and two‑family residences shall be 125 feet. However, within that lot, property may be
further divided to allow the sale of townhouses or condominiums, provided a
minimum width of 16 feet is maintained.
(F) Setbacks for two‑family residences shall
be in accordance with § 151.064.
However, for two or more duplexes located in one development and for all
multi-family residences, setbacks shall be in accordance with the following.
(1) Setbacks from exterior lot lines of the
development shall be in accordance with the principal structure setbacks of §
151.064.
(2) No portion of the front or rear of a principal
structure shall be less than 40 feet from the front or rear of another
principal structure within the development.
(3) No portion of the side of a principal
structure shall be less than 20 feet from an adjacent principal structure.
(4) No accessory structure shall be less than ten
feet from another structure.
56
(5) No two units or structures shall be considered
attached unless the units or structures share at least five feet of common
wall.
(6) No improved recreation shall be located within
any required exterior setbacks or within 20 feet of any dwelling unit.
(G) No building shall exceed a length or width of
160 feet.
(H) A building that was in existence prior to April
1, 1985, and contained at least 2,000 square feet of heated floor area may be
converted into a multi‑family or two-family dwelling in accordance with
the table of § 151.334 without regard to the minimum lot size requirements of
divisions (B) and (C) above, but shall be subject to the following.
(1) The off‑street parking requirement of §§
151.110 through 151.123 must be satisfied.
(2) If the lot does not contain the minimum number
of square feet required under division (B) above, the building may not be
enlarged in the conversion process to an extent greater than 10% of the heated
floor area of the original building.
(3) The building shall be made nonconforming with
the requirements of division (B) above or shall be increased to the extent of
the nonconformity.
(4) The building may not contain more than nine
bedrooms and no more than six dwelling units.
(I) Multi‑family and two‑family
residences may be located only on lots fronting on:
(1) A state maintained road; or
(Ord. passed
§ 151.067 FLOOR AREA RATIOS AND LODGING UNITS.
(A) (1) Subject
to the remaining provisions of this section, the maximum square footage of
building gross floor area permissible on any lot in the following districts
shall be determined by multiplying the figure under the floor area ratio (FAR)
column by the square footage of the lot.
(2)
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|
Zoning
District |
FAR |
|
CCD |
.500 |
|
NCD |
.500 |
|
HC |
.500 |
|
I‑1 |
.500 |
|
I‑2 |
.500 |
(B) The floor area ratios set forth in division
(A) above shall not apply to residential uses within the listed districts,
except with respect to lots that also contain buildings used for non-residential
purposes, in which case the
(C) In no case may the number of lodging units
within any 1.540 classification use, hotels and motels, exceed the number per
acre indicated below.
|
Zoning
District |
Number
of Lodging Units Per |
|
HC |
40 |
|
MC |
40 |
(D) The floor area ratios set forth in division (A)
above shall not apply to recreational facilities that are not open to the
general public, but are designed primarily to serve the residents of the
particular development where the facilities are located.
(Ord. passed
§ 151.068 MAXIMUM
(A) The maximum percentage of any lot that may be
covered shall be subject to the following:
|
Districts/Lots |
Total
|
Uncovered
Decks, Walkways and Pools |
|
Residential
districts, for lots not covered below |
25% |
NA |
58
|
Districts/Lots |
Total
|
Uncovered
Decks, Walkways and Pools |
|
CCD,
NCD, MC and HC districts |
40% |
NA |
|
Residential
lots 10,000 square feet to 20,000 square feet in area |
25% |
Additional
15% of lot area |
|
Residential
lots less than 10,000 square feet in area |
40% |
Additional
15% of lot area |
(B) Notwithstanding the foregoing division, the
maximum percentage of the portion of any lot or tract located in an estuarine
shoreline area of environmental concern (areas within 75 feet landward of the
mean high water level or normal water level of estuarine waters) that may be
covered by impervious surfaces, including principal and accessory buildings as
well as any paved parking area regardless of the paving material used, is 30%.
(Ord. passed
§ 151.069 APPEARANCE STANDARDS.
(A) (1) Except
as otherwise provided herein, the following appearance standards shall apply to
all site-built, modular and mobile single-family and multi-family homes
erected, constructed, installed, placed or otherwise located in the county but
shall not apply to commercial structures.
(2) There shall be a porch at each entrance to the
structure having dimensions of not less than three feet wide and three feet
deep. The sides of all porches and steps
shall be constructed with wood, masonry or concrete, but no metal.
(B) In addition to the foregoing requirement in
division (A) above, the following appearance standards shall apply to all
modular and site-built homes erected, constructed, installed, placed or
otherwise located in the county but shall not apply to commercial structures:
(1) The minimum vertical rise for a roof shall be
6 feet for each 12 feet of horizontal run.
(2) Not less than 50% of the entire roof area of
the house shall have a minimum vertical rise of 6 feet for each 12 feet of
horizontal run.
(3) The calculation of the minimum roof area
required to meet the 50% threshold shall not include the roof area covering a
dormer window.
(4) The minimum vertical rise for a roof shall be
4 feet for each 12 feet of horizontal run over any style of dormer windows.
(5) The minimum vertical rise for a roof shall be
3 feet for each 12 feet of horizontal run over non-heated space such as
porches.
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(C) The following appearance standards shall apply
to all principal structures erected, constructed, installed, placed or
otherwise located in R-3 and GUD districts:
(1) No principal structure may be constructed or
installed that does not have at least a porch at the front entrance of the
structure. Such porch shall have a
minimum area of 54 square feet, and the calculation of such area shall not
include any steps. The steps to the
front porch shall be not less than six feet from the front entrance to the
structure. The front porch shall have a
width of not less than nine feet.
(2) The sides of all porches and steps shall be
constructed with wood, masonry or concrete, but no metal.
(3) All porches shall have a roof attached to the
principal structure and shall extend over the entire porch. The minimum roof depth shall be six
feet. Where a porch is recessed into the
principal structure and where the structure serves as part of the roof of the
porch, then that part of the structure extending over the porch may count as
the roof of the porch so long as the porch is covered by not less than six feet
of the structure, or a combination of the structure and a separate roof.
(4) The curtain wall or foundation shall have a
visible exterior of one of the following:
true brick or natural stone.
(D) The following appearance standards shall apply
to all Class A, Class B and Class C mobile homes. No certificate of occupancy may be issued
until the Administrator determines that the applicable appearance criteria have
been met:
(1) Class A mobile homes may be installed in R-1
and R-2 zoning districts with at least the following appearance standards:
(a) The curtain wall or foundation shall have a
visible exterior of one of the following: true brick or natural stone.
(b) 1. The
mobile home is to be installed not less than the same distance from the right‑of‑way
as any principle structure on an adjacent property on the same side of the
roadway.
2. In those instances where an adjoining
property has a principal structure located inside the required front setback
area, and such principal structure is located within 150 feet of the proposed
site for installation of the Class A mobile home, then the proposed Class A
mobile home may be installed at a setback equal to the structure on the
adjacent property or 25 feet from the right‑of‑way, whichever is
greater.
(c) There shall be a porch at each entrance to the
mobile home having dimensions of not less than five feet wide and five feet
deep. The front and sides of all porches
and steps shall be constructed with wood, stone, masonry, concrete, or similar
looking composite material.
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(2) Class B and Class C mobile homes may be
installed in the R-1 zoning district and within approved mobile home parks
subject to the following appearance standards:
(a) The curtain wall shall be of all weather
material covering all exposed underpinning.
(b) 1. The
mobile home is to be installed not less than the same distance from the right‑of‑way
as any principle structure on an adjacent property on the same side of the
roadway.
2. In those instances where an adjoining
property has a principal structure located inside the required front setback
area, and such principal structure is located within 150 feet of the proposed
site for installation of the Class B or C mobile home, then proposed Class B or
C mobile home may be installed at a setback equal to the structure on the
adjacent property or 25 feet from the right‑of‑way, whichever is
greater.
(c) There shall be a porch at each entrance to the
structure having dimensions of not less than three feet wide and three feet
deep. The front and sides of all porches
and steps shall be constructed with wood, stone, masonry, concrete, or similar
looking composite material.
(3) Mobile homes that are installed as a change
out to an existing mobile home must meet these appearance standards.
(E) All new residential construction outside a
floodplain must have a minimum elevation of the lowest floor (as defined in §
151.380) of at least 24 inches above grade, as grade existed prior to or at the
time of construction.
(1) The elevation shall be determined by the
building inspector before the building inspector approves the floor
inspection. Such elevation shall be of
the first floor elevation. In lieu of
determining the elevation himself, the building inspector may accept an
elevation certificate signed and sealed by a
(2) Additions to residential construction are
exempt from this appearance criteria, but the lowest floor elevation shall be
not less than the lowest floor elevation of the existing construction to which
the addition is attached.
(3) As used in this section “new residential
construction” shall mean residential construction for which a building permit
has been applied for on or after
(Ord. 2002-04-02, passed
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STREETS
AND SIDEWALKS
§ 151.080 PUBLIC STREETS TO MEET DOT STANDARDS.
(A) All public and private streets and rights-of-way
shall be constructed in accordance with the standards established for the
particular type of street in question by the State Department of
Transportation, Division of Highways, hereinafter, DOT standards, unless a
higher or more restrictive standard is established by this chapter, in which
case the street shall meet that higher or more restrictive standard. This provision relates to private streets and
rights-of-way to which lots recorded on or after
(B) For the purpose of this subchapter, the
following definition shall apply unless the context clearly indicates or
requires a different meaning.
CONSTRUCTED. In reference to DOT standards, all standards
of design and construction, including right‑of‑way widths.
(Ord. passed
§ 151.081 STREET CLASSIFICATION.
(A) In all new developments, streets that are
dedicated to public use shall be classified as provided in division (B) below.
(1) The classification shall be based upon the
function of the street and projected volume of traffic to be carried by the
street, stated in terms of the number of trips per day.
(2) The number of dwelling units to be served by
the street may be used as a useful indicator of the number of trips but is not
conclusive.
(3) Whenever a street within a new development
continues an existing street that formerly terminated outside the development
or it is expected that a new street will be continued beyond the development at
some future time, the classification of the street will be based upon the
street in its entirety, both within and outside of the development.
(B) The classification of streets shall be as
follows:
(1) ARTERIAL.
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sheltered from
the effects of the through traffic on the arterial street and so that the flow
of traffic on the arterial street is not impeded by direct driveway access from
a large number of abutting properties.
(3) COLLECTOR.
(4) CUL‑DE‑SAC.
(5) LOCAL.
(7) MAJOR ARTERIAL. The following arterials that are part of the
state's primary road system: US 17, US
158, NC 343, and NC 34.
(8) MINOR ARTERIAL. All arterials other than MAJOR
ARTERIALS.
(9) STREET. All public or private rights-of-way serving
one or more lots.
(Ord. passed
§ 151.082 ACCESS TO LOTS.
Every lot shall
have access to it that is sufficient to afford a reasonable means of ingress
and egress for emergency vehicles as well as for all those likely to need or
desire access to the property in its intended use which access shall be no less
than 45 feet in width.
(Ord. passed
§ 151.083 ACCESS TO STREETS.
(A) The provisions of this section shall apply to
the following roads:
(1) Major arterial streets: US 17; US 158; NC 34; and NC 343; and
(2) Minor collector streets: SR 1224, Old Swamp Road; SR 1145, Lamb's Road
in its entirety; SR 1203, Scotland Road; SR 1107, Sandy Hook Road; SR 1121, Trotman Road in its entirety; SR 1111, Wickham
Road; and SR 1000, Texas Road.
(B) Whenever a tract proposed for a non‑residential
subdivision or major residential subdivision borders on or contains an existing
or proposed major arterial or minor collector street listed above, then
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all lots created
out of the tract must have sufficient frontage on another street, either pre‑existing
or created as part of the subdivision, so that direct access to the lot need
not be provided by the arterial street or collector street unless compliance
with this requirement cannot reasonably be accomplished due to the size or the
shape of the tract to be divided. The
final plat creating the subdivision shall indicate a limitation on driveway
access to the major arterial or minor collector street for those lots which
have alternate access.
(C) The county has many pre‑existing small
lots along major arterial and minor collector roads listed above. In order to provide incentives for shared
access on adjacent lots subdivided before the effective date of this chapter
that are used for non‑residential purposes, any adjoining yard
landscaping required in §§ 151.135 through 151.145 and 151.155 through 151.159
and adjoining yard setback required in §§ 151.060 through 151.068 may be
waived when adjoining lots owners choose an option to share driveways subject
to the provisions below:
(1) The maximum number of shared driveways
permitted to take advantage of this division shall be:
(a) Driveway for frontages less than 500 feet;
(b) Driveways for frontages between 500 feet and
1,000 feet; and
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(c) Driveways for frontages over 1,000 feet. Deviations from the foregoing standards may
be authorized when the permit issuing authority determines, upon advice of the
State Department of Transportation, that a particular development design or
technique can still achieve a satisfactory level of access control consistent
with the objectives of this section.
(2) A cross access easement approved by the
Administrator shall be recorded with the
(3) All fire code regulations must be met and
adequate utility and drainage easements must be provided.
(D) Except as provided above, arterial streets,
entrances to streets, coordination with surrounding streets, relationships of
streets to topography, general layout of streets, street intersections,
construction standards and specifications of streets and all applicable state
regulations regarding those matters shall apply and are hereby adopted as a
part of this chapter as reference.
(Ord. passed
§ 151.084 DECELERATION LANES ON MAJOR ARTERIAL STREETS.
Any use capable
of generating more than 60 trips per peak hour, estimated by using NCDOT
guidelines,
(Ord. passed
§ 151.085 TURN LANES REQUIRED.
(A) Turn lanes for either or both left and/or right
turns into a commercial or residential subdivision driveway may be necessary
for safety when there are high roadway and/or turning volumes or traffic, when
the roadway speeds are moderate or high, or where needed due to limited sight
distance. The final determination for
the need, location and design of turn lanes is the responsibility of the NCDOT.
(B) Left and right turn lanes shall be constructed
in accordance with state standards and specifications.
(C) Right‑turn lanes should generally be
constructed entirely within the frontage of the property being served, since an
adjacent property owner might subsequently require an entrance that would
otherwise come into the turn lane.
62
(D) On an undivided highway with a median width
inadequate for a left‑turn, it may be necessary to widen the highway in
order to provide for the turn lane.
(Ord. passed
§ 151.086 COORDINATION WITH SURROUNDING STREETS.
(A) The street system of a development shall be
coordinated with existing, proposed and anticipated streets outside the
development or out‑side the portion of a single tract that is being
divided into lots, hereinafter, surrounding streets, as provided in this
section.
(B) Arterial and collector streets shall intersect
with surrounding collector or arterial streets at safe and convenient
locations.
(C) Local streets shall connect with surrounding
streets where necessary to permit the convenient movement of traffic between
residential neighborhoods or to facilitate access to neighborhoods by emergency
service vehicles or for other sufficient reasons, but connections shall not be
permitted where the effect would be to encourage the use of the streets by substantial
through traffic.
(D) Whenever connections to anticipated or proposed
surrounding streets are required by this section, the street right‑of‑way
shall be extended and the street developed to the property line of the property
being developed, or to the edge of the remaining undeveloped portion of a
single tract, at the point where the connection to the anticipated or proposed
street is expected. In addition, the
permit issuing authority may require temporary turnarounds to be constructed at
the end of the streets pending their extension when the turnarounds appear
necessary to facilitate the flow of traffic or accommodate emergency vehicles.
(Ord. passed
§ 151.087 RELATIONSHIP OF STREETS TO TOPOGRAPHY.
(A) Streets shall be related appropriately to the
topography. In particular, streets shall
be designed to facilitate the drainage and storm water runoff objectives set
forth in §§ 151.380 through 151.390 and 151.400 through 151.403 and street
grades shall conform as closely as practicable to the original topography.
(B) Street grades shall be governed by DOT
requirements.
(Ord. passed
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§ 151.088 GENERAL LAYOUT OF STREETS.
(A) Cul‑de‑sacs and loop streets are
encouraged so that through traffic on residential streets is minimized. Similarly, to the extent practicable,
driveway access to collector streets shall be minimized to facilitate the free
flow of traffic and avoid traffic hazards.
(B) All permanent dead‑end streets, as
opposed to temporary dead‑end streets, shall be developed as cul‑de‑sacs
in accordance with the standards set forth in §§ 151.230 through 151.246,
151.260 through 151.263 and 151.275 through 151.278.
(C) Half streets (such as streets of less than the
full required right‑of‑way and pavement width) shall not be
permitted, except where the streets, when combined with a similar street,
developed previously or simultaneously, on property adjacent to the
subdivision, creates or comprises a street that meets the right‑of‑way
and pavement requirements of this chapter.
(D) Except where no other alternative is reasonably
practicable or when necessary to avoid direct access of lots onto arterial
streets, streets shall be arranged to avoid double frontage.
(Ord. passed
§ 151.089 STREET INTERSECTIONS.
(A) (1) Streets
shall intersect as nearly as possible at right angles and no two streets may
intersect at less than 60 degrees.
(2) Not more than two streets shall intersect at
any one point unless the State Division of Highways certifies to the permit
issuing authority that such an intersection can be constructed with no
extraordinary danger to public safety.
(B) Whenever possible, proposed intersections
along one side of a street shall coincide with existing or proposed intersections
on the opposite side of the street. In any event, where a center line offset
(jog) occurs at an intersection, the distance between centerlines of the
intersecting streets shall be not less than 125 feet.
(C) Except when no other alternative is practicable
or legally possible, no two streets may intersect with any other street on the
same side at a distance of less than 400 feet measured from centerline to
centerline of the intersecting street.
When the intersected street is an arterial, the distance between
intersecting streets shall be at least 1,000 feet unless no other alternative
is practicable.
(D) Sight distance triangles are required and will
be in accordance with the State Department of Transportation standards.
(Ord. passed
64
§ 151.090 CONSTRUCTION STANDARDS AND SPECIFICATIONS.
Construction and
design standards and specifications for streets, sidewalks and curbs and
gutters are referenced or contained in Appendix C to this chapter and all
facilities shall be completed in accordance with these standards.
(Ord. passed
§ 151.091 PRIVATE STREETS AND PRIVATE ROADS IN
SUBDIVISIONS.
(A) (1) Except
as otherwise provided in this section, all lots created after the effective
date of this section shall abut a public street at least to the extent
necessary to comply with the access requirement set forth in § 151.082.
(2) For the purpose of this section, the following
definition shall apply unless the context clearly indicates or requires a
different meaning.
PUBLIC STREET. A pre‑existing public street as well as
a street created by the subdivider that meets the
public street standards of this chapter and is dedicated for public use. Unless the recorded plat of a subdivision
clearly shows a street to be private, the recording of a plat shall constitute
an offer of dedication of the street.
(B) All private streets and roads created
hereafter shall be constructed to state standards in all zoning districts,
except streets in private access subdivisions.
(Ord. passed
§ 151.092 ROAD AND SIDEWALK REQUIREMENTS IN
UNSUBDIVIDED DEVELOPMENTS.
(A) Within unsubdivided
developments, all private roads and accessways shall
be designed and constructed to facilitate the safe and convenient movement of motor
vehicle and pedestrian traffic. Specific standards concerning width, use of
curb and gutter and paving specifications shall be determined by the provisions
of §§ 151.230 through 151.246, 151.260 through 151.263 and 151.275 through
151.278.
(B) Whenever a road in an unsubdivided
development connects two or more collector or arterial streets in a manner that
any substantial volume of through traffic is likely to make use of this road,
the road shall be constructed in accordance with all state standards applicable
and shall be dedicated.
(C) For the purpose of this section, the following
definition shall apply unless the context clearly indicates or requires a
different meaning.
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UNSUBDIVIDED
DEVELOPMENT. All construction of structures
upon land under common singular ownership where the construction does not
involve the sale of individual lots or parcels of land and the streets and ways
are intended for use by the public or occupants of the development. Examples include shopping centers and
apartment projects.
(Ord. passed
§ 151.093 ATTENTION TO
(A) As provided in G.S. § 136‑44.14, whenever
curb and gutter construction is used on public streets, wheelchair ramps for the
handicapped shall be provided at intersections and other major points of
pedestrian flow. Wheelchair ramps and
depressed curbs shall be constructed in accordance with DOT standards.
(B) In unsubdivided
developments, sidewalk construction for the handicapped shall conform to the
requirements of the State Building Code.
(Ord. passed
Statutory
reference:
Construction
requirements for streets and sidewalks, see G.S. § 136‑44.14
§ 151.094 STREET NAMES AND HOUSE NUMBERS.
(A) Street names shall be assigned by the developer
subject to the approval of the permit issuing authority. Proposed streets that are obviously in
alignment with existing streets shall be given the same name. Newly created streets shall be given names
that neither duplicate nor are phonetically similar to existing streets within
the county, regardless of the use of different suffixes, such as those set
forth in division (B) below.
(B) Street names shall include a suffix such as
the following:
(1) CIRCLE. A short street that returns to itself.
(2) COURT or PLACE. A cul‑de‑sac or dead‑end
street.
(3)
(4) STREET or ROAD. All public streets not designated by another
suffix.
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(D) Street addresses shall be assigned by the
county.
(E) No certificate of occupancy may be issued by
the Building Inspector until the street number is installed on the structure in
accordance with law.
(Ord. passed
§ 151.095 BRIDGES.
All bridges
shall be constructed in accordance with the standards and specifications of the
State Department of Transportation, except that bridges on roads not intended
for public dedication may be approved if designed by a state-licensed architect
or engineer.
(Ord. passed
§ 151.096 UTILITIES.
Utilities
installed in public rights‑of‑way or along private roads shall
conform to the requirements set forth in §§ 151.170 through 151.184.
(Ord. passed
PARKING
REGULATIONS
§ 151.110 DEFINITIONS.
For the purpose
of this subchapter, the following definitions shall apply unless the context
clearly indicates or requires a different meaning.
CIRCULATION
AREA. The portion of the vehicle
accommodation area used for access to parking or loading areas or other
facilities on the lot. Essentially,
driveways and other maneuvering areas, other than parking aisles, comprise the
circulation area.
DRIVEWAY. The portion of the vehicle accommodation area
that consists of a travel lane bounded on either side by an area that is not
part of the vehicle accommodation area.
GROSS FLOOR
AREA. The total area of a
building measured by taking the outside dimensions of the building at each
floor level intended for occupancy or storage.
LOADING AND
UNLOADING AREA. The portion of the vehicle
accommodation area used to satisfy the requirements of § 151.120.
2003 S-1
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PARKING AREA
AISLES. The portion of the vehicle
accommodation area consisting of lanes providing access to parking spaces.
PARKING SPACE. A portion of the vehicle accommodation area
set for the parking of one vehicle.
VEHICLE
ACCOMMODATION AREA. The
portion of a lot that is used by vehicles for access, circulation, parking and
loading and unloading. It comprises the
total of circulation areas, loading and unloading areas and parking areas,
spaces and aisles.
(Ord. passed
§ 151.111 NUMBER OF PARKING SPACES REQUIRED.
(A) All developments in all zoning districts shall
provide the number of parking spaces, as specified in the following table, to
accommodate the number of vehicles that are likely to be attracted to the
development being proposed.
(B) The presumptions established by this
subchapter are that:
(1) A development must comply with the parking
standards set forth in the table below to satisfy the requirement stated in
division (A) above; and
(2) Any development that does meet these standards
is in compliance. However, the table is
only intended to establish a presumption and should be flexibly administered,
as provided in § 151.112.
(C) Uses in the table are indicated by a numerical
reference keyed to the table of § 151.334.
When determination of the number of parking spaces required by this
table results in a requirement of a fractional space, any fraction of one‑half
or less may be disregarded, while a fraction in excess of one‑half shall
be counted as one parking space.
(D) The Board recognizes that the table cannot and
does not cover every possible situation that may arise. Therefore, in cases not specifically covered,
the permit issuing authority is authorized to determine the parking
requirements using this table as a guide.
2003 S‑2
68
|
Use |
Description |
Parking
Requirement |
|
1.100 |
Single‑family
dwelling |
Two
spaces per dwelling unit |
|
1.200 |
Two-family
and multi-family residences |
Two
spaces per each dwelling unit, except: 1)
Use classification 1.220 requires only one space for the accessory apartment 2)
If five or more dwelling units share a common parking area, the number of
spaces may be reduced by 20% 3)
Multi-family units limited to persons of low or moderate income or the
elderly required only one space per unit |
|
1.400 |
Homes
emphasizing special services, treatment or supervision |
Three
spaces for every five beds, except for uses exclusively serving children
under 16, in which case, one space for every three beds |
|
1.510 |
Rooming
houses and boarding houses |
One
space per bedroom |
|
1.520 |
Bed
and breakfast establishments |
One
space for each room to be rented, plus two spaces for the residential
dwelling unit |
|
1.530 |
Tourist
homes and other temporary residences rented by the day or week |
One
space for each room to be rented, plus two spaces for the residential
dwelling unit |
|
1.540 |
Hotels,
motels and similar businesses |
One
space for each room to be rented, plus two spaces for the residential
dwelling unit |
|
1.550 |
Hunting
and fishing lodges |
One
space for each room to be rented, plus two spaces for the residential
dwelling unit |
|
1.700 |
Home
occupations |
Four
spaces for offices of physicians or dentists; two spaces for attorneys or
accountants; one space for all others, plus one space per employee for each
use |
|
2.111 |
Convenience
stores |
One
space per 150 square feet of gross floor area |
|
2.112 |
Other
high volume traffic generation, with no storage of display outside a fully
enclosed building |
One
space per 200 square feet of gross floor area |
|
2.120 |
Low
volume traffic generation, with no storage or display outside a fully
enclosed building |
One
space per 400 square feet of gross floor area |
|
2.130 |
Wholesale
sales, with no storage or display outside a fully enclosed building |
One
space per 400 square feet of gross floor area |
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|
Use |
Description |
Parking
Requirement |
|
2.210 |
High
volume traffic generation, with storage and display of goods outside a fully
enclosed building |
One
space per 200 square feet of gross floor area |
|
2.220 |
Low
volume traffic generation, with storage and display of goods outside a fully
enclosed building |
One
space per 400 square feet of gross floor area |
|
2.230 |
Wholesale
sales, with storage and display of goods outside a fully enclosed building |
One
space per 400 square feet of gross floor area |
|
2.300 |
Shopping
center |
One
space per 200 square feet of gross floor area for 80% of the building |
|
3.110 |
Operations
designed to attract and serve customers or clients on the premises, conducted
entirely within a fully enclosed building |
One
space per 200 square feet of gross floor area |
|
3.120 |
Operations
designed to attract little or no customer or client traffic other than
employees of the entity operating the principal use, conducted entirely
within a fully enclosed building |
One
space per 400 square feet of gross floor area |
|
3.130 |
Offices
or clinics of physicians or dentists with not more than 10,000 square feet of
gross floor area, conducted entirely within a fully enclosed building |
One
space per 150 square feet of gross floor area |
|
3.140 |
Governmental
offices and buildings |
One
space per 200 square feet of gross floor area used by the public |
|
3.210 |
Operations
designed to attract and serve customers or clients on the premises, conducted
entirely within a fully enclosed building |
One
space per 200 square feet of gross floor area |
|
3.220 |
Operations
designed to attract little or no customer or client traffic other than the
employees operating the principal use, conducted within a fully enclosed
building |
One
space per 400 square feet of gross floor area |
70
|
Use |
Description |
Parking
Requirement |
|
2.230 |
Banks
with drive-through windows |
One
space per 200 square feet of area within the main building, plus reservoir
land capacity equal to five spaces per window; ten spaces if the window
serves two stations |
|
4.110 |
Majority
of dollar volume business done with walk-in trade, conducted entirely within
a fully enclosed building |
One
space per 400 square feet of gross floor area |
|
4.120 |
Majority
of dollar volume business not done with walk-in trade, conducted entirely
within a fully enclosed building |
One
space for every two employees on the maximum shift, except that if
permissible in the commercial districts, the uses may provide one space per
200 square feet of gross floor area |
|
4.200 |
Operations
conducted within or outside a fully enclosed building |
One
space for every two employees on the maximum shift, except that if
permissible in the commercial districts, the uses may provide one space per
200 square feet of gross floor area |
|
5.100 |
Elementary
and secondary schools |
One
and three-quarters spaces per classroom in elementary schools; five spaces
per classroom for high schools |
|
5.120 |
Trade
or vocational schools |
One
space per 100 square feet of gross floor area |
|
5.130 |
Colleges
and community colleges |
One
space per 150 square feet of gross floor area |
|
5.200 |
Churches,
synagogues and temples |
One
space for every four seats in the portion of the building to be used for
services, plus spaces for any residential use as determined in accordance
with the parking requirements set forth above for residential uses; all
vehicular areas, excluding handicapped spaces, may be unimproved, provided
that they are properly graded |
|
5.300 |
Libraries,
museums, art galleries and similar institutions |
One
space per 300 square feet of gross floor area |
|
5.400 |
Social,
fraternal clubs and lodges, union halls and similar uses |
One
space per 300 square feet of gross floor area |
|
6.110 |
Bowling
alleys, skating rinks, indoor tennis and racquetball courts, billiards and
pool halls, indoor athletic and exercise facilities |
One
space for every three persons that the facilities are designed to accommodate
fully utilized, if they can be measured in such a fashion, plus one space per
200 square feet of gross floor area used in a manner not susceptible to the
calculation |
|
6.120 |
Movie
theaters |
One
space for every four seats |
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|
Use |
Description |
Parking
Requirement |
|
6.210 |
Privately-
and publically-owned outdoor recreational
facilities |
One
space for per 200 square feet of area within enclosed buildings, plus one
space for every three persons that the outdoor facilities are designed to
accommodate when used to the maximum capacity |
|
6.230 |
Miniature
golf course, skateboard park, water slide and similar uses |
One
space per 300 square feet of area, plus one space per 200 square feet of
building gross floor area |
|
Driving
range |
One
space per tee, plus one space per 200 square feet of building gross floor
area |
|
|
Par
three course |
Two
spaces per golf hole, plus one per 200 square feet of building gross floor
area |
|
|
6.240 |
Horseback
riding stables |
One
space per horse that could be kept at the stable when occupied to maximum
capacity |
|
6.250 |
Automobile
and motorcycle racing tracks |
One
space for every three seats |
|
6.260 |
Drive-in
movie theaters |
One
space per speaker outlet |
|
6.270 |
Private
campgrounds |
One
space per campsite |
|
6.280 |
Petting
zoo |
One
space per 200 square feet of area within enclosed buildings, plus one space
for every three persons that the outdoor facilities are designed to
accommodate when used to the maximum capacity |
|
6.290 |
Recreational
grounds |
One
space per cottage, cabin or dormitory room, plus one space for each tent site |
|
6.300 |
Outdoor
shooting range |
One
space per target area |
|
7.100 |
Hospitals,
clinics or other medical treatment facilities in excess of 10,000 square feet
of floor area |
Two
spaces per bed or one space per 150 square feet of gross floor area,
whichever is greater |
|
7.200 |
Nursing
care institutions, handicapped or infirm institutions, child care
institutions |
Three
spaces for every five beds; multi-family units developed or sponsored by
public or non-profit agencies for limited income families or the elderly
require only one space |
|
7.300 |
Institutions,
other than halfway houses, where mentally ill persons are confined |
One
space for every two employees on maximum shift |
|
7.400 |
Penal
and correctional facilities |
One
space for every two employees on maximum shift |
72
|
Use |
Description |
Parking
Requirement |
|
8.110 |
Restaurants,
with no substantial carry-out or delivery service, no service or consumption
outside a fully enclosed building |
One
space per three seats, plus one space per two employees on the maximum shift |
|
8.120 |
Restaurants,
with no substantial carry-out or delivery service and no drive-in service,
with service or consumption outside a fully enclosed building |
One
space per three seats, plus one space per two employees on the maximum shift,
plus one space for every four outside seats |
|
8.130 |
Restaurants,
with substantial carry-out or delivery service, service or consumption
outside a fully enclosed building |
One
space per three seats, plus one space per two employees on the maximum shift,
plus one space for every four outside seats |
|
8.140 |
Restaurants,
with carry-out or delivery service and drive-in service, with service or
consumption outside a fully enclosed building |
One
space per three seats, plus one space per two employees on the maximum shift,
plus one space for every four outside seats, plus three stacking spaces at
the pick-up window and five stacking spaces at the order board located so as
to minimize interference with other pedestrian and vehicular areas |
|
8.200 |
Dance
halls, bars and nightclubs |
One
space per 100 square feet of gross floor area, plus one space for every four
outdoor seats |
|
9.100 |
Motor
vehicle and boat sales, rentals or services |
One
space per 200 square feet of gross floor area |
|
9.200 |
Automobile
service stations |
One
space per 150 square feet of gross floor area |
|
9.300 |
Gas
sales operations |
One
space per 200 square feet of gross floor area of the building devoted
primarily to gas sales operation, plus sufficient parking area to accommodate
vehicles at pumps without interfering with other parking spaces |
|
9.400 |
Automobile
repair or body shop |
One
space per 150 square feet of gross floor area |
|
9.500 |
Car
wash |
1)
Conveyor type: one space for every
three employees on the maximum shift, plus reservoir capacity equal to five
times the capacity of the washing operation 2)
Self-service type: two spaces for
drying and cleaning purposes per stall, plus two reservoir spaces in front of
each stall |
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|
Use |
Description |
Parking
Requirement |
|
10.200 |
Storage
and parking; storage goods not related to sale or use of those goods on the
same lot where they are stored |
One
space for every two employees on the maximum shift, but not less than one
space per 5,000 square feet of area devoted to storage, whether inside or
outside |
|
11.000 |
Scrap
materials salvage yards, junkyards and automobile graveyards |
One
space per 200 square feet of building gross floor area |
|
12.000 |
Services
and enterprises related to animals |
One
space per 200 square feet of building gross floor area |
|
13.000 |
Emergency
services |
One
space per 200 square feet of building gross floor area |
|
14.000 |
Agricultural,
silvicultural, mining and quarrying operations |
One
space for every two employees on maximum shift |
|
15.100 |
Post
offices |
One
space per 200 square feet of building gross floor area |
|
15.200 |
Airports
and airstrips |
One
space per 200 square feet of building gross floor area |
|
15.300 |
Sanitary
landfill |
One
space for every two employees on maximum shift |
|
15.400 |
Demolition
landfill |
One
space per 100 square feet of building gross floor area |
|
15.600 |
ABC
store |
One
space per 150 square feet of building gross floor area |
|
16.000 |
Dry
cleaner and laundromat |
One
space per 200 square feet of building gross floor area |
|
19.000 |
Open
air markets |
One
space per 1,000 square feet of lot area used for storage, display and sales |
|
20.000 |
Funeral
homes |
One
space per 100 square feet of building gross floor area |
|
21.200 |
Cemetery
on same property as church |
One
space per 200 square feet of building gross floor area |
|
22.000 |
Nursery
schools and day-care centers |
One
space per employee, plus one space per 400 square feet of gross floor area;
in addition, a stacking or drop-off lane equal to 22 linear feet for every
two children must be provided |
|
23.000 |
Temporary
construction and sales office |
One
space per employee, plus one space per 200 square feet of building gross
floor area |
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|
Use |
Description |
Parking
Requirement |
|
25.000 |
Commercial
greenhouse or nursery |
One
space per 200 square feet of building gross floor area |
|
30.000 |
Stockyards,
slaughterhouses and rendering plants |
One
space per 200 square feet of building gross floor area |
|
31.000 |
Agribusiness
uses |
One
space per 400 square feet of building gross floor area |
|
35.000 |
Adult
and sexually-oriented businesses |
One
space per 100 square feet of building gross floor area |
(E) The minimum number of parking spaces required
for a combined commercial and residential use in the CCD may be reduced by up
to 25% if the approving authority finds that the structure does not lend itself
to needing all of the required commercial and residential parking spaces at all
times during the day and night.
(Ord. passed
§ 151.112 FLEXIBILITY IN ADMINISTRATION REQUIRED.
(A) The Board recognizes that, due to the
particularities of any given development, the inflexible application of the
parking standards set forth in the table of § 151.111 may result in a development
either with inadequate parking spaces or parking spaces far in excess of its
needs. The former situation may lead to
traffic congestion or parking violations in adjacent streets as well as
unauthorized parking in nearby private lots.
The latter situation results in a waste of money as well as a waste of
space that could more desirably be used for valuable development or
environmentally useful open space.
Therefore, as suggested in the table of § 151.111, the permit issuing
authority may permit deviations from the presumptive requirements of the table
of § 151.111 and may require more parking or allow less parking whenever it
finds that the deviations are more likely to satisfy the standard set forth in
§ 151.111.
(B) The permit issuing authority may allow
deviations from the parking requirements set forth in the table of § 151.111
when it finds that:
(1) A residential development is irrevocably
oriented toward the elderly; or
(2) A business or recreational facility is
primarily oriented to walk‑in trade or is closed to the general public.
(C) Whenever the permit issuing authority allows
or requires a deviation from the presumptive parking requirements set forth in
the table of § 151.111, it shall enter on the face of the permit the parking
requirement that it imposes and the reasons for allowing or requiring the
deviation.
2003 S-2
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(D) If the permit issuing authority concludes,
based upon information it receives in the consideration of a specific
development proposal, that the presumption established by § 151.111 for a
particular use classification is erroneous, it shall initiate a request for an
amendment to the table of § 151.111 in accordance with the procedures set forth
in §§ 151.580 through 151.586.
(Ord. passed
§ 151.113 PARKING SPACE DIMENSIONS.
(A) Subject to divisions (B) and (C) below, each
parking space shall contain a rectangular area at least 20 feet long and ten
feet wide. Lines demarcating parking
spaces may be drawn at various angles in relation to curbs or aisles, so long
as the parking spaces so created contain within them the rectangular area
required by this section. Where wheel
stops or curbing exists, a two-foot bumper overhang credit will be given
provided that area is clear from obstruction.
(B) In parking areas containing ten or more
parking spaces up to 20% of the parking spaces need to contain a rectangular
area of only 7½ feet in width by 15 feet in length. If the spaces are provided, they shall be
conspicuously designated as reserved for small or compact cars only.
(C) Wherever parking areas consist of spaces set
aside for parallel parking, the dimensions of the parking spaces shall be not
less than 22 feet by 9 feet.
(Ord. passed
§ 151.114 REQUIRED WIDTHS OF PARKING AREA AISLES AND
DRIVEWAYS.
(A) Parking area aisle widths shall conform to the
following table, which varies the width requirement according to the angle of
parking.
|
Required
Aisle Width |
Parking
Stall Angle |
|||||||||
|
|
0 |
30 |
45 |
60 |
90 |
|||||
|
One-way
traffic |
13
feet |
14
feet |
15
feet |
18
feet |
24
feet |
|||||
|
Two-way
traffic |
19
feet |
20
feet |
21
feet |
23
feet |
24
feet |
|||||
(B) (1) Driveways
shall be not less than 10 feet in width for one way traffic and 18 feet in
width for two-way traffic. However,
10-foot wide driveways are permissible for two‑way traffic when:
(a) The driveway is not longer than 75 feet;
76
(b) It provides access to not more than six
spaces; and
(c) Sufficient turning space is provided so that
vehicles need not back into a public street.
(2) Further, ten-foot wide driveways may be
permitted for two‑way traffic if the Administrator determines that not
more than ten trips per day will be generated to and from the vehicular area
being served by that driveway and the vehicular area is not used by the general
public.
(C) The provisions of this section shall apply so
long as they do not conflict with any fire safety regulations.
(Ord. passed
§ 151.115 GENERAL DESIGN REQUIREMENTS.
(A) Unless no other practicable alternative is
available, vehicle accommodation areas shall be designed so that, without
resorting to extraordinary movements, vehicles may exit the areas without
backing onto a public street. This
requirement does not apply to parking areas consisting of driveways that serve
one or two dwelling units, although backing onto arterial streets is
discouraged.
(B) Vehicle accommodation areas of all
developments shall be designed so that sanitation, emergency and other public
service vehicles can serve the developments without the necessity of backing
unreasonable distances or making other dangerous or hazardous turning
movements.
(C) Every vehicle accommodation area shall be
designed so that vehicles cannot extend beyond the perimeter of the area onto
adjacent properties or public rights‑of‑way. The areas shall also be designed so that
vehicles do not extend over sidewalks or tend to bump against or damage any
wall, vegetation or other obstruction.
(D) Circulation areas shall be designed so that
vehicles can proceed safely without posing a danger to pedestrians or other
vehicles and without interfering with parking areas.
(E) Minor deviations to the provisions of §§
151.113 and 151.114 may be permitted to achieve one or more goals established
in these regulations, provided the vehicle accommodation area substantially
meets the intentions of those sections.
By illustration, if significant vegetation on a site can be preserved by
having parking spaces nine feet in width, then the aisle width can be increased
by two feet to ensure proper vehicular movement area.
(Ord. passed
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§ 151.116 VEHICLE ACCOMMODATION AREA SURFACES.
(A) Vehicle accommodation areas shall be graded and
surfaced with asphalt, concrete, crushed stone, gravel or other suitable
material, as deemed appropriate by the county, that will provide equivalent
protection against potholes, erosion and dust.
Specifications for surfaces are contained in Appendix D to this chapter.
(B) When crushed stone, gravel, or other suitable
material is used, the perimeter of the vehicular areas shall be defined by
bricks, stones, railroad ties or other similar devices. However, delineation is not required where
vehicular areas are to be used exclusively by employees of the business in
question and/or for deliveries and are not intended for use by the general
public. In addition, whenever a vehicle
accommodation area abuts a paved street, the driveway leading from the street
to the area (or, if there is no driveway, the portion of the vehicle
accommodation area that opens onto the streets), shall be surfaced with asphalt
or six inches of concrete for a distance of 15 feet back from the edge of the
paved street. This division shall not apply
to single‑family or two‑family residences or other uses that are
required to have only one or two parking spaces.
(C) Parking spaces shall be appropriately
demarcated with wheel stops, painted lines, landscape timbers, railroad ties or
other markings. Where applicable, all
handicapped parking spaces shall be marked in accordance with state law.
(D) Vehicle accommodation areas shall be properly
maintained in all respects. In
particular, vehicle accommodation area surfaces shall be kept in good condition
(free from potholes, weeds and the like) and parking space lines or markings
shall be kept clearly visible and distinct.
(E) Where existing vehicular accommodation area
surfaces do not conform to the provisions of this section, the following shall
apply:
(1) Whenever a use changes, and the new use's
classification is the same or lower than the previous use's land
classification, then the new use shall comply with all the provisions of this
section, except driveway improvements; and
(2) Whenever a use changes, and the new use's
classification is higher than the previous use's land classification, then the
new use shall comply with all the provisions of this section.
(Ord. passed
§ 151.117 JOINT USE OF REQUIRED PARKING SPACES.
(A) One parking area may contain required spaces for
several different uses, but except as otherwise provided in this section, the
required space assigned to one use may not be credited to any other use.
78
(B) To the extent that developments that wish to
make joint use of the same parking spaces operate at different times, the same
spaces may be credited to both uses. For
example, if a parking lot is used in connection with an office building on
Monday through Friday, but is generally 90% vacant on weekends, another
development that operates only on weekends could be credited with 90% of the
spaces on that lot. Or, if a church
parking lot is generally occupied only to 50% of capacity on days other than
Sunday, another development could make use of 50% of the church lot's spaces on
those other days.
(C) If the joint use of the same parking spaces by
two or more principal uses involves satellite parking spaces, then the
provisions of § 151.118 are also applicable.
(Ord. passed
§ 151.118 SATELLITE PARKING.
(A) If the number of off‑street parking
spaces required by this chapter cannot reasonably be provided on the same lot
where the principal use associated with these parking spaces is located, then
spaces may be provided on adjacent or nearby lots in accordance with the
provisions of this section. These off‑site spaces are referred to in this
section as satellite parking spaces.
(B) All satellite parking spaces, except spaces
intended for employee use, must be located within 300 feet of a public entrance
of a principal building housing the use associated with the parking or within
300 feet of the lot on which the use associated with the parking is located if
the use is not housed within any principal building. Satellite parking spaces intended for
employee use must be located within 500 feet of the building.
(C) The developer wishing to take advantage of the
provisions of this section must present satisfactory written evidence that he
or she has the permission of the owner or other person in charge of the
satellite parking spaces to use the spaces.
The developer must also sign an acknowledgment that the continuing
validity of his or her permit depends upon his or her continuing ability to
provide the requisite number of parking spaces.
(D) Persons who obtain satellite parking spaces in
accordance with this section shall be held accountable for ensuring that the
satellite parking areas from which they obtain their spaces satisfy the design
requirements of this subchapter.
(Ord. passed
§ 151.119 SPECIAL PROVISIONS FOR LOTS WITH EXISTING
BUILDINGS.
(A) (1) Whenever
there exists a lot with one or more structures on it constructed before the
effective date of this chapter, a change in use that does not involve any
enlargement of a structure is proposed for the lot and the parking requirements
of § 151.111 that would be applicable as a result of
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the proposed
change cannot be satisfied on the lot because there is not sufficient area
available on the lot that can practicably be used for parking, then the
developer need only comply with the requirements of § 151.118 to the extent
that parking space is practicably available on the lot where the development is
located and satellite parking space is not reasonably available as provided in §
151.111.
(2) However, if satellite parking subsequently
becomes reasonably available, then it shall be a continuing condition of the
permit authorizing development on the lot that the developer obtain satellite
parking when it does become available.
(B) Where existing parking setbacks are not met
and a change of use occurs, the existing nonconforming parking may continue to
be utilized to satisfy the off‑street parking requirements provided all
new parking established complies with this subchapter.
(Ord. passed
§ 151.120 LOADING AND UNLOADING AREAS.
(A) Subject to division (E) below, whenever the
normal operation of any development requires that goods, merchandise or
equipment be routinely delivered to or shipped from that development, a sufficient
off‑street loading and unloading area must be provided in accordance with
this section to accommodate the delivery or shipment operations in a safe and
convenient manner.
(B) (1) The
loading and unloading area must be of sufficient size to accommodate the
numbers and types of vehicles that are likely to use this area, given the
nature of the development in question.
(2) The following table indicates the number and
size of spaces that, presumptively, satisfy the standard set forth in this
division.
(3) However, the permit issuing authority may
require more or less loading and unloading area if reasonably necessary to
satisfy the foregoing standard.
|
Gross
Leasable Area of Building |
Number
of Spaces with Minimum Dimensions of 12x55 Feet and Clearance of 14 Feet
from Street Grade |
|
1,000
‑ 19,999 |
1 |
|
20,000
‑ 79,999 |
2 |
|
80,000
‑ 127,999 |
3 |
|
128,000
‑ 191,000 |
4 |
80
|
Gross
Leasable Area of Building |
Number
of Spaces with Minimum Dimensions of 12x55 Feet and Clearance of 14 Feet
from Street Grade |
||
|
192,000
‑ 255,999 |
5 |
||
|
256,000
‑ 319,999 |
6 |
||
|
320,000
‑ 391,999 |
7 |
||
|
NOTE
TO TABLE: Plus
one for each additional 72,000 square feet or fraction thereof |
|||
(C) Loading and unloading areas shall be so
located and designed that the vehicles intended to use them can:
(1) Maneuver safely and conveniently to and from a
public right-of-way; and
(2) Complete the loading and unloading operations
without obstructing or interfering with any public right‑of‑way or
any parking space or parking lot aisle.
(D) Where conditions allow, during off‑peak
hours and in isolated areas of the parking lot, loading and unloading may be
permitted in areas allocated to satisfy off‑street parking requirements.
(E) Whenever there exists a lot with one or more
structures on it constructed before the effective date of this chapter, a
change in use that does not involve any enlargement of a structure is proposed
for the lot and the loading area requirements of this section cannot be
satisfied because there is not sufficient area available on the lot that can
practicably be used for loading and unloading, then the developer need only
comply with this section to the extent reasonably possible.
(Ord. passed
§ 151.121 NO PARKING INDICATED NEAR FIRE HYDRANTS.
Whenever a fire
hydrant is located adjacent to any portion of a vehicle accommodation area
required to be paved, the pavement shall be clearly marked to indicate that
parking within 15 feet of the hydrant is prohibited.
(Ord. passed
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§ 151.122 HANDICAPPED PARKING.
Provisions
relating to parking for the handicapped shall be as set by the
(Ord. passed
§ 151.123 DRIVEWAYS.
(A) All driveway entrances and other openings onto
streets shall be constructed so that:
(1) Vehicles can enter and exit from the lot in
question without posing any substantial danger to themselves, pedestrians or
vehicles traveling in abutting streets; and
(2) Interference with the free and convenient flow
of traffic in abutting or surrounding streets is minimized.
(B) Specifications for driveway entrances shall be
in accordance with all applicable state regulations hereby adopted by reference
in Appendix B to this chapter unless otherwise provided.
(C) A sight‑distance triangle of ten feet by
35 feet shall occur where vehicular areas intersect with street
rights-of-way. Within site‑distance
triangles, nothing over 24 inches in height shall be located.
(Ord. passed
LANDSCAPING
REQUIREMENTS
§ 151.135 BOARD FINDINGS CONCERNING THE NEED FOR
LANDSCAPING REQUIREMENTS.
The Board finds
that:
(A) Landscaping between two lots lessens the
transmission from one lot to another of noise, dust and glare;
(B) Landscaping can lessen the visual pollution
that may otherwise occur; (Even minimal
landscaping can provide an impression of separation of spaces and more
extensive screening can shield entirely one use from the visual assault of an
adjacent use.)
(C) Landscaping can establish a greater sense of
privacy from visual or physical intrusion, the degree of privacy varying with
the intensity of the screening;
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(D) Landscaping provisions encourages the
preservation of existing trees and vegetation;
(E) Landscaping safeguards and enhances property
values and is important to stabilizing the ecological balance of the county;
and
(F) The provisions of this part are necessary to
safeguard the public health, safety and welfare.
(Ord. passed
§ 151.136 GENERAL LANDSCAPING STANDARD.
(A) Every property owner in the county is
responsible for the general upkeep and appearance of their property, including,
but not limited to keeping grass mowed, preventing trash and litter from
collecting and general neatness. In no
event may the grass or weeds on any portion of a lot, which is not used for
active farming or woodlands, located within 500 feet of a residence exceed the
height of 12 inches. This height
limitation shall exclude that portion of a property that is actively engaged in
farming or woodlands. If for any reason
the appearance of a property, vacant or developed, becomes unsafe, unhealthy or
fails to comply with the above standard, the county may arrange to have the
property cleaned and then bill the property owner for the work performed.
(B) Every development shall provide sufficient
landscaping so that:
(1) Neighboring properties are shielded from any
adverse external effects of that development; and
(2) The development is shielded from the negative
impacts of adjacent uses such as streets or railroads.
(C) Landscaping shall be located and maintained so
as not to interfere with vehicular and pedestrian traffic.
(Ord. passed
§ 151.137 COMPLIANCE WITH LANDSCAPING STANDARD.
(A) To determine required landscaping, the
following steps shall be taken:
(1) Identify the classification of the proposed
land use and all adjacent land uses listed in § 151.138;
(2) Use the table of § 151.139 to determine the
appropriate letter designation for each abutting yard;
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(3) Match the letter designation obtained from the
table of § 151.139 with § 151.140 to determine the required
landscaping; and
(4) Landscaping requirements established in this
subchapter and §§ 151.155 through 151.159 apply to all land uses, except
where specific landscaping requirements are established for certain uses
elsewhere in these regulations, such as shopping centers.
(B) The table set forth in § 151.139, in
conjunction with the explanations in § 151.140 concerning the types of
landscaping, establishes suggested landscaping requirements that,
presumptively, satisfy the general standards established in § 151.136. However, this table is only intended to
establish a presumption and should be flexibly administered in accordance with
§ 151.141.
(C) If, when the analysis described in division
(A) above indicates that landscaping is required for an existing use, but the
required landscaping is not in place, then this lack of screening shall
constitute a nonconforming situation, subject to all the provisions of §§
151.360 through 151.368.
(Ord. passed
§ 151.138 LANDSCAPING LAND USE CLASSIFICATION.
Below are the
classifications of land uses that will determine the required landscaping
established in § 151.139.
(A) Classification I. Single‑family dwellings (1.100);
family-care homes (1.450); golf courses (6.210 and 6.220, partial); nature
areas; wildlife sanctuaries and accessory uses including recreation and
storage; towers and related structures (18.000); and crabshedding
operated in a residential zoning district (24.000, partial).
(B) Classification II. Two‑family residences (1.200); multi‑family
residences (1.300); homes emphasizing special services/treatment of supervision
(1.400), excluding family care homes; rooming/ boarding house (1.510); bed and
breakfast (1.520); tourist home (1.530); hunting and fishing lodge (1.550);
educational, cultural, religious, philanthropic, social fraternal uses (5.000);
publicly or privately owned outdoor recreation facilities (6.210, 6.220 only);
cemetery and crematorium (21.000); and commercial greenhouse or nursery
(25.000).
(C) Classification III. Hotels and motels (1.540); sales and rental of goods,
merchandise and equipment (2.000); office, clerical, research and services not
primarily related to goods or merchandise (3.000); manufacturing, processing,
creating, repairing, renovating, painting, cleaning, assembling of goods,
merchandise and equipment (4.000, partial) excluding uses listed in § 151.328;
indoor recreation (6.110, 6.120); golf driving range not accessory to golf
course, par three golf courses and the like (6.230); horse riding stables not
accessory to residential development unless located on exterior of development
(6.240); drive‑in movie theaters (6.260); private campgrounds (6.270);
petting zoo (6.280);
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institutional
residences or care or confinement facilities (7.000); restaurants, dance halls,
bars nightclubs (8.000); motor vehicle and boat related sales and service
operations (9.000); storage and parking (10.000); services and enterprises
related to animals (12.000); emergency services (13.000); agricultural
operations (14.100); silvicultural operations
(14.200); post office (15.100); airports and airstrips (15.200); dry cleaner
and laundromat (16.000); utility facilities (17.000);
open air markets (19.000); funeral home (20.000); nursery school, day-care
centers (22.000); crabshedding not operated in a
residential zoning district (24.000, partial); off‑premise signs
(28.000); agribusiness uses (31.000); and miscellaneous water related uses
(32.000).
(D) Classification IV. Manufacturing, processing, creating,
repairing, renovating, painting, cleaning, assembling of goods, merchandise and
equipment (4.000, partial), including only those uses listed in § 151.328;
automobile and motorcycle racing tracts (6.250); scrap materials, salvage
yards, junkyards and automobile graveyards (11.000); mining or quarrying
operations, including on‑site sales of products (14.300); reclamation
landfill (14.400); sanitary landfill (15.300); demolition landfill (15.400);
incinerators (15.500); stockyards, slaughter houses, rendering plants (30.000);
and adult businesses and sexually-oriented businesses (35.000).
(Ord. passed
§ 151.139 TABLE OF LANDSCAPING REQUIREMENTS.
Below is the
table of landscaping requirements used to determine landscaping between
adjacent land uses.
|
Proposed
Land Use Classes |
Adjacent
Permitted Land Use Classes |
Adjacent
Zone with Nonconforming Use |
Adjacent
Public or |
Railroad |
||||||||||||
|
I |
II |
III |
IV |
Residential |
Non-Residential |
|||||||||||
|
II |
A |
B |
C |
C |
B |
C |
C |
C |
||||||||
|
III |
A |
A |
C |
C |
B |
C |
C |
C |
||||||||
|
IV |
A |
A |
B |
C |
A |
B |
A |
C |
||||||||
(Ord. passed
§ 151.140 DESCRIPTIONS OF LANDSCAPING.
The following
three basic types of landscaping are hereby established and are used as the
basis for the table of § 151.139.
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(A) Opaque Landscaping, Type “A.” The requirements of this section may be met
by establishment of a vegetative buffer, landscaped earth berm,
planted vegetation or existing vegetation, which may or may not be augmented by
a fence or wall, 25 feet in width forming a screen described as follows.
(1) Landscaping that is opaque from the ground to
a height of at least 6 feet, with intermittent visual obstructions from the
opaque portion to a height of at least 20 feet.
An opaque landscaping is intended to exclude completely all visual
contact between uses and to create a strong impression of spatial
separation. The opaque landscaping may
be composed of a wall, fence, landscaped earth berm,
planted vegetation or existing vegetation.
Compliance of planted vegetative screens or natural vegetation will be
judged on the basis of the average mature height and density of foliage of the
subject species or field observation of existing vegetation. The opaque portion of the screen must be
opaque in all seasons of the year. At
maturity, the portion of intermittent visual obstructions should not contain
any completely unobstructed openings more than ten feet wide. The portion of intermittent visual
obstructions may contain deciduous plants.
Below is a suggested guideline for developers.
(2) When a fence or wall is used to augment a
vegetative buffer, the wall or fence shall:
(a) Not be a part of any building or structure;
(b) Must be constructed so a person can not see
through it, visually opaque; and
(c) Must comply with the following appearance
criteria:
1. Must be constructed of new uniform materials
from end to end and from top to bottom so as to present a uniform appearance;
2. Must be constructed so as to be sturdy enough
to withstand storm wind loads and the general destructive tendencies of annual
weather patterns;
3. Must be constructed so as to be expected to
have a useful life of ten years or more;
4. Must be maintained in a constant state of
good repair;
5. Must be constructed of materials and in a
manner generally accepted as proper in the building industry or by State
Building Codes; and
6. Fences of the chain link type with plastic
inserts or filler strips shall not comply with this section unless deemed
appropriate by the Zoning Administrator.
(B) Semi‑Opaque Landscaping, Type “B.”
(1) Landscaping that is 50% opaque from the ground
to a height of 3 feet, with intermittent visual obstruction from above the
opaque portion to a height of at least 20 feet.
The semi‑opaque
86
landscaping is
intended to partially block visual contact between uses and to create a strong
impression of the separation of spaces.
The semi‑opaque landscaping may be composed of a wall, fence,
landscaped earth berm, planted vegetation or existing
vegetation. Compliance of planted vegetative
screens or natural vegetation will be judged on the basis of the average mature
height and density of foliage of the subject species, or field observation of
existing vegetation.
(2) At maturity, the portion of intermittent
visual obstructions should not contain any completely unobstructed openings
more than 20 feet wide. The zone of
intermittent visual obstruction may contain deciduous plants. The following are suggested planting patterns
which will achieve this standard.
(C) Broken Landscaping, Type “C.” A landscaping composed of intermittent visual
obstructions from the ground to a height of at least 20 feet. The broken landscaping is intended to create
the impression of a separation of spaces without necessarily eliminating visual
contact between the spaces. It may be composed of a wall, fence, landscaped
earth berm, planted vegetation or existing
vegetation. Compliance of planted vegetative screens or natural vegetation will
be judged on the basis of the average mature height and density of foliage of
the subject species or field observation of existing vegetation. The screen may contain deciduous plants. The following are suggested planting patterns
which will achieve this standard.
(Ord. passed
§ 151.141 FLEXIBILITY IN ADMINISTRATION REQUIRED.
(A) (1) The
Board recognizes that, because of the wide variety of types of developments and
the relationships between them, it is neither possible nor prudent to establish
inflexible landscaping requirements.
(2) Therefore, as provided in § 151.137, the
permit issuing authority may permit deviations from the presumptive
requirements of § 151.139 and may require either more intensive or less
intensive landscaping whenever it finds such deviations are more likely to
satisfy the standard set forth in § 151.136 without imposing unnecessary
costs on the developer.
(B) Without limiting the generality of division
(A) above, the permit issuing authority may modify the presumptive requirements
for:
(1) Commercial developments located adjacent to
residential uses in business zoning districts; and
(2) Commercial uses located adjacent to other
commercial uses within the same zoning district.
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(C) Whenever the permit issuing authority allows
or requires a deviation from the presumptive requirements set forth in §
151.139, it shall enter on the face of the permit the landscaping requirement
that it imposes to meet the standard set forth in § 151.136 and the reasons for
allowing or requiring the deviation.
(D) If the permit issuing authority concludes,
based upon information it receives in the consideration of a specific
development proposal, that a presumption established by § 151.139 is erroneous,
it shall initiate a request for an amendment to the suggested requirements of §
151.139 in accordance with the procedures set forth in §§ 151.580 through
151.586.
(Ord. passed
§ 151.142 COMBINATION USES.
(A) In determining the landscaping requirements
that apply between a combination use and another use, the permit issuing
authority shall proceed as if the principal uses that comprise the combination
use were not combined and reach its determination accordingly, relying on the
table set forth in § 151.139 interpreted in the light of § 151.140.
(B) When two or more principal uses are combined
to create a combination use, landscaping shall not be required between the
component principal uses unless they are clearly separated physically and
screening is determined to be necessary to satisfy the standard set forth in § 151.136.
(Ord. passed
§ 151.143 SUBDIVISIONS.
When undeveloped
land is subdivided and undeveloped lots only are sold, the subdivider
shall not be required to install any landscaping. Screening shall be required, if at all, only
when the lots are developed, and the responsibility for installing the
screening shall be determined in accordance with the other requirements hereof.
(Ord. passed
§ 151.144 NONCONFORMING LANDSCAPING.
When a change in
use occurs and the new use is the same or lower land use classification then
the previous use as found in § 151.138, then the applicant shall not be
required to bring the landscaping into compliance with this subchapter and §§
151.155 through 151.159. When a change
in use occurs and the new use is a higher land use classification then the
previous use as found in § 151.138, then the applicant shall comply to the
extent reasonable with the provisions of this subchapter and §§ 151.155 through
151.159.
(Ord. passed
88
§ 151.145
(A) Landscaping required by this subchapter,
including shading provisions listed in §§ 151.155 through 151.159, shall be
planted in accordance with the following minimum planting heights:
(1) Large trees: four feet;
(2) Small trees:
three feet; and
(3) Shrubs:
one foot.
(B) The Administrator may allow a reduction in the
planting heights listed above along an adjoining vacant property line or where
smaller planting heights is deemed best in light of the plant materials chosen.
(Ord. passed
SHADING
REQUIREMENTS
§ 151.155 BOARD FINDINGS AND DECLARATIONS OF POLICY ON
SHADE TREES.
(A) The Board finds that:
(1) Trees are proven producers of oxygen, a
necessary element for human survival;
(2) Trees appreciably reduce the ever‑increasing,
environmentally dangerous carbon dioxide content of the air and play a vital
role in purifying the air;
(3) Trees transpire considerable amounts of water
each day and thereby purify the air much like the air‑washer devices used
on commercial air conditioning systems;
(4) Trees have an important role in neutralizing
waste water passing through the ground from the surface to ground water tables
and lower aquifers;
(5) Trees, through their root systems, stabilize
the ground water tables and play an important and effective part in soil
conservation, erosion control and flood control;
(6) Trees are an invaluable physical, aesthetic
and psychological counterpoint to a developed setting, making life more
comfortable by providing shade and cooling the air and land, reducing noise
levels and glare and breaking the monotony of human developments on the land,
particularly parking areas; and
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(7) For the reasons indicated in division (A)(6)
above, trees have an important impact on the desirability of land and therefore
on property values.
(B) Based upon the findings set forth in division
(A) above, the Board declares that it is not only desirable, but essential to
the health, safety and welfare of all persons living or working within the
county to protect certain existing trees and, under the circumstances set forth
in this subchapter and §§ 151.135 through 151.145, to require the planting
of new trees in certain types of developments.
(C) Shade trees shall be located and maintained so
as not to interfere with vehicular and pedestrian traffic.
(Ord. passed
§ 151.156 REQUIRED TREES ALONG DEDICATED STREETS.
Along both sides
of all newly created streets that are constructed in accordance with the public
street standards set forth in §§ 151.080 through 151.096, the developer shall
either plant or retain sufficient trees so that, between the paved portion of
the street and a line running parallel to and 50 feet from the centerline of the
street, there is for every 50 feet of street frontage at least an average of
one small deciduous, native pine or small cedar tree or, for every 100 feet of
street frontage at least an average of one deciduous, native pine or large
cedar tree. When trees are planted by
the developer pursuant to this section, the developer shall choose trees that
meet the suggested standards set forth in Appendix E to this chapter.
(Ord. passed
§ 151.157 RETENTION AND PROTECTION OF LARGE TREES.
If, during the
development of a property, any tree with a diameter of 18 or more inches is
lost, destroyed or significantly damaged, the developer shall be responsible
for the replacement value of that trees(s).
A replacement will consist of one and one‑half new trees,
25-gallon minimum ball size, for every tree lost. These new trees will be planted in accordance
with an approved site plan and Administrator approval.
(Ord. passed
§ 151.158 SHADE TREES IN PARKING AREAS.
(A) (1) Vehicle
accommodation areas must be shaded by deciduous trees, either retained or
planted by the developer.
(2) When trees are planted by the developer to
satisfy the requirements of this division, the developer shall choose trees
that meet the standards suggested in Appendix E to this chapter.
90
(B) Each tree of the type described in division
(A) above shall be presumed to shade a circular area having a radius of 15 feet
with the trunk of the tree as the center, and there must be sufficient trees so
that, using this standard, 20% of the vehicle accommodation area will be
shaded.
(C) Trees shall be setback far enough from
vehicular areas so as not to cause an unhealthy situation for the plant
material selected.
(D) (1) Vehicle
accommodation areas shall be laid out and detailed to prevent vehicles from
striking trees.
(2) Vehicles will be presumed to have a body
overhang of three feet, six inches.
(Ord. passed
§ 151.159 PROTECTION OF TREES DURING CONSTRUCTION.
(A) The permit recipient shall be responsible for
ensuring that all existing trees specifically shown on approved plans as being
retained to provide screening or shading area are protected during the
construction process from removal, destruction or injury. The permit recipient shall ensure that,
before any excavation takes place on the site, a barrier is erected around the dripline of all trees sufficient to put on notice all
construction personnel that the area within the dripline
of the trees is not to be disturbed.
(B) If a violation of division (A) above occurs
and as a result a tree is removed or dies within two years after a certificate
of occupancy is granted for that portion of a development where the tree is or
was located, then the permit recipient, or his or her successor, shall be
required to replace the tree with one and one‑half trees of equal value,
with a ball size of at least 25 gallons.
The replacement must take place within one year after the death or
removal of the tree occurs and this obligation shall be a continuing condition
of the validity of the permit.
(Ord. passed
UTILITIES
§ 151.170 UTILITY OWNERSHIP AND EASEMENT RIGHTS.
In any case in
which a developer installs or causes the installation of water, sewer,
electrical power, telephone or cable television facilities and intends that the
facilities shall be owned, operated or maintained by a public utility or any
entity other than the developer, the developer shall transfer to the utility or
entity the necessary ownership or easement rights to enable the utility or
entity to operate and maintain the facilities.
(Ord. passed
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§ 151.171 MAJOR SUBDIVISIONS TO INSTALL WATER LINES.
(A) Whenever it is legally possible and practicable
in terms of topography to connect to a county water line by running a
connecting line not more than the distance set forth below, then the subdivider shall install water lines in the major
subdivision so that all lots to be developed will be able to connect to the
county water system. The developer shall
provide all the necessary pipes and accessories for installation of the water
lines as set forth herein and all materials and pipes so provided must meet or
exceed the requirements established for the county water system. Individual lots within a subdivision having
been given a minimum of preliminary plan approval prior to
(1) Major subdivision applications submitted after
(a) If the tract in question is proposed to be
developed for residential purpose, then the distance within which connection
must be made shall be as follows: 100
feet per unit for the first ten units, plus 20 feet for each unit in excess of
ten units within the development. If the
tract in question is proposed to be developed for non‑residential
purposes, then the distance within which connection must be made shall be
determined by transposing the projected demand of the proposed non‑residential
use into the demand created by an equivalent number of average residential
units and using the foregoing formula.
(b) In determining units in a development, tracts
proposed to be subdivided and not using multi‑family subdivisions shall
have their total unit potential determined by calculating the maximum number of
units allowable for each proposed lot.
The total number of units proposed on other developments shall be as
shown on the proposed site plan.
(c) In determining the number of dwelling units
proposed for a tract, the relevant inquiry relates to the number proposed for
the entire tract rather than a single phase of the proposed project.
(2) If a public water supply system is to be
provided to the area within a five‑year period, as indicated in the
county's long range water extension plan, official map or other official
document, the county may require installation of a capped system or dry lines
(mains only), within the road right‑of‑way; or the county may
require a payment in lieu of the improvement.
This provision shall apply to all major subdivision initial sketch plans
submitted after
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(B) Connection to such water line is not legally
possible if, in order to make connection with the line by a connecting line
that does not exceed the distance prescribed above, it is necessary to run the
connecting line over property not owned by the owner of the property to be
served by the connection, and, after diligent effort, the easement necessary to
run the connecting line cannot reasonably be obtained.
(C) All water systems installed having 15 or more
connections must meet the standards of the State Commission for Health
Services, Division of Environmental Management.
(D) If the public water system is available or is
to be available and the subdivider is developing new
lots under the standards set forth hereinabove, the subdividers
shall construct a water system that complies with the standards and
specifications of the public water system with jurisdiction where the
subdivision is located and connect it to the system serving the area in which
the subdivision is located.
(E) If the developer is developing new lots within
any area served by a public water system in the county, the subdivider
shall construct a water system and connect it to the system owned and operated
by the water system that serves the area where the subdivision is located,
subject to the following conditions.
(1) Construction plans for the proposed system
shall be prepared by a registered engineer, materials and construction to be in
accordance with the specifications for the public water system, as prepared by
the water system's engineer, that serves the area where the subdivision is
located and submitted with the preliminary plat to the Planning Board and
public water system that serves the area where the subdivision is located and
all appropriate state agencies.
(2) The cost of the construction, connection and
approval of the subdivision water system shall be paid by the subdivider.
(3) All water mains, laterals, meter boxes and
easements shall be dedicated to the public water system. Water lines shall be installed within street
rights‑of‑way, where possible.
(F) (1) The
water system where the subdivision is being developed may require installation
of certain oversized facilities, such as water mains in excess of eight inches
in diameter, when it is in the interest of future development.
(2) When this is required, the water system where
the subdivision is located shall pay for that portion of the improvement that
exceeds the standards set forth in this chapter.
(G) All connection fees shall be paid for each lot
required to be connected to the county water system as a condition of final
plat approval.
(Ord. passed
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§ 151.172 SEWAGE DISPOSAL FACILITIES REQUIRED.
(A) Every principal use and every lot within a subdivision
intended to be developed shall be served by a sewage disposal system that is
adequate to accommodate the reasonable needs of the use or subdivision lot and
that complies with all applicable health regulations.
(B) No sewage treatment system that discharges
into surface waters shall be allowed.
(Ord. passed
§ 151.173 DETERMINING COMPLIANCE WITH § 151.172.
(A) Whenever any major subdivision in any zoning
district proposes to comply with § 151.172 by using septic tanks or other
ground absorption systems subject to the regulatory jurisdiction of the PPCC
District Health Department, no special use permit may be issued (such as
preliminary plat approval may not be granted) until the Health Department has
certified that each lot shown on the preliminary plat has been inspected and
found suitable for a septic tanks or other ground absorption system capable of
serving at least a three-bedroom house.
(B) Final plat approval for any major, minor or
private access subdivision that proposes to comply with § 151.172 by using
septic tanks or other ground absorption systems under the PPCC District Health
Department's regulatory jurisdiction may not be granted until the Health
Department has certified that each lot shown on the final plat has been inspected
and found suitable for a waste treatment system capable of serving the intended
or likely use of the lot. Health
Department certification under division (A) above shall suffice to comply with
this section so long as there has been no substantial change between the
preliminary and final plats of the subdivision.
(C) Whenever a development proposes to comply with
§ 151.172 by resort to a sewage treatment system not subject to the regulatory
jurisdiction of the PPCC District Health Department, any development permit
issued under this chapter shall be regarded as issued contingent upon the
developer obtaining necessary approvals for the sewage treatment system from
the appropriate regulatory agencies and properly installing the system to serve
the development. All permits shall be
obtained prior to preliminary plat approval.
No final plat approval shall be issued until all utilities including
water, septic or sewer systems are operational to the satisfaction of the PPCC
District Health Department and the county or if the improvements are secured in
accordance herewith, if applicable.
Where sand‑lined trench systems are to be utilized to satisfy §
151.172 in minor or private access subdivisions, installation of the system
shall not be required until the time as a building permit is requested and a
building is subsequently constructed.
(Ord. passed
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§ 151.174 WATER SUPPLY SYSTEM REQUIRED.
Every principal
use and every lot within a subdivision shall be served by a means of a water
supply that is adequate to accommodate the reasonable needs of the use or
subdivision lot and that complies with all applicable health regulations.
(Ord. passed
§ 151.175 DETERMINING COMPLIANCE WITH § 151.174.
The permit issuing
authority may, before issuing any permit under this chapter, make the
investigation and require the developer to submit the information as appears
reasonably necessary to ensure that the developer or his or her successor will
be able to comply with § 151.174.
(Ord. passed
§ 151.176 WATER/SEWER DISTRICTS REQUIRED.
(A) Whenever a private water and/or sewer treatment
system is utilized to service a development, a water and/or sewer district
shall be established in accordance with state law encompassing the boundaries
of the development.
(B) The district shall be established prior to the
first final plat approval and shall be structured in a manner that will ensure
the long term viability of the water and/or sewer treatment system.
(Ord. passed
§ 151.177 LIGHTING REQUIREMENTS.
(A) Private roads, public roads dedicated to the
State Department of Transportation, sidewalks and other common areas or
facilities in developments may be illuminated to ensure the security of
property and the safety of persons using the roads, sidewalks and other common
areas or facilities. Illumination shall
be in accordance with a plan designed by the utility company and approved by
the county.
(B) All entrances and exit areas in buildings used
for non-residential purposes and in two-family or multi‑family
residential developments containing more than four dwelling units shall be
adequately lighted to ensure the safety of persons and the security of the
buildings.
(C) Illumination requirements must be met prior to
final plat approval or prior to the issuance of an occupancy permit where final
plat approval is not required by this chapter.
(Ord. passed
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§ 151.178 EXCESSIVE ILLUMINATION.
Lighting within
any lot that unnecessarily illuminates any other lot and substantially
interferes with the use or enjoyment of the other lot is prohibited.
(Ord. passed
§ 151.179 UNDERGROUND UTILITIES.
(A) Subject to division (D) below, all electric
power lines, not to include transformers or enclosures containing electrical
equipment including, but not limited to switches, meters or capacitors which
may be pad mounted, telephone, gas distribution and cable television lines in
subdivisions constructed after the effective date of this chapter shall be
placed underground in accordance with the specifications and policies of the
respective utility service providers and located in accordance with applicable
DOT requirements.
(B) Subject to division (D) below, whenever a
development is hereafter constructed on a lot, parcel or tract that is
undeveloped on the effective date of this chapter, then all electric power,
telephone, gas distribution and cable television lines installed to serve the
development that are located on the development site outside of a previously
existing public street right‑of‑way shall be placed underground in
accordance with the specifications and policies of the respective utility
companies.
(C) No electric power, telephone, cable television
or other utility lines may be installed over the waters of the Pasquotank or
North Rivers, areas of environmental concern or wetlands and no utility poles
may be erected within the waters of the Pasquotank or North Rivers, areas of
environmental concern or wetlands without proper permits from the Army Corps of
Engineers and/or CAMA.
(D) The provisions of this section shall not be
interpreted to require the underground installation of any lateral service line
in excess of 200 feet to serve a single-family residence.
(Ord. passed
§ 151.180 UTILITIES TO BE CONSISTENT WITH INTERNAL AND
EXTERNAL
DEVELOPMENT.
(A) Whenever it can reasonably be anticipated that
utility facilities constructed in one development will be extended to serve
other adjacent or nearby developments, the utility facilities (such as, water
or sewer lines) shall be located and constructed so that extensions can be made
conveniently and without undue burden or expense or unnecessary duplication of
service.
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(B) All utility facilities shall be constructed in
a manner as to minimize interference with pedestrian or vehicular traffic and
to facilitate maintenance without undue damage to improvements or facilities
located within the development.
(Ord. passed
§ 151.181 AS‑BUILT DRAWINGS REQUIRED.
Whenever a
developer installs or causes to be installed any utility line in any public
right‑of‑way, the developer shall, as soon as practicable after
installation is complete, and before acceptance of any water or sewer line,
furnish the county with a copy of a drawing that shows the exact location of
the utility lines. This should be
accomplished during final plat review and approval. The drawings must be verified as accurate by
the utility service provider. Compliance
with this requirement shall be a condition of the continued validity of the
permit authorizing the development.
Further, as‑built drawings are required for all water and/or sewer
treatment plants and any changes that may be made to the systems in the future.
(Ord. passed
§ 151.182 FIRE HYDRANTS.
(A) Every major subdivision that is served by a
county-owned water system or a private/public central water system with at
least six-inch lines shall include a system of fire hydrants sufficient to
provide adequate fire protection for the buildings located or intended to be
located within the development.
(B) The presumption established by this chapter is
that to satisfy the standard set forth in division (A) above, fire hydrants
must be located so that not more than 500 linear feet, measured along the
centerline of the street right‑of‑way, separates a property within
the development and a fire hydrant. However, the permit issuing authority may
authorize or require a deviation from this standard if another arrangement more
satisfactorily complies with the standard set forth in division (A) above.
(C) The permit issuing authority, after
consultation with local fire officials, shall determine the precise location of
all fire hydrants. Preferably, fire
hydrants shall be placed six feet behind the curb line of publicly dedicated
streets that have curb and gutter and must be placed within ten feet of a
public or private road or street.
(D) The permit issuing authority shall, after
consultation with local fire officials, determine the design standards of all
hydrants based on fire flow needs.
Unless otherwise specified, all hydrants shall have two 2½‑inch
hose connections and one 4½‑inch hose connection. The 2½‑inch hose connections shall be
located at least 21½ inches from the ground level. All hydrant threads shall be national
standard threads.
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(E) Water lines that serve hydrants shall be at
least six-inch lines and, unless no other practicable alternative is available,
no lines shall be dead‑end lines and they shall be looped where
practical.
(F) When served by a county-owned or a
private/public central water system, all conversions of existing structures to
non‑residential uses and all new construction projects, excluding single‑family
and two‑family dwellings, that are less than 1,000 feet from an existing
fire hydrant shall be required to extend the line and install a new fire
hydrant within 500 feet of their parcel.
(G) Subdivisions of five lots or less shall be exempt
from this requirement, provided all five lots are within one parcel/tract of
land. Additional lots subdivided from
the one parcel/tract of land shall comply with the fire hydrant requirement.
(Ord. passed
§ 151.183 WATER SUPPLY FOR FIRE PROTECTION IN
DEVELOPMENTS NOT SERVED BY THE PUBLIC WATER SUPPLY SYSTEM.
Every
residential development containing 20 or more lots and every non-residential
subdivision containing ten or more lots shall provide a supply of water that is
sufficient to provide adequate fire fighting capability with respect to every
building that is reasonably expected to be constructed within the development:
(A) The Administrator shall determine the types,
sizes, dimensions and spatial relationships of buildings anticipated within the
development by using the best information available, including, without
limitation, market experience, the developer's plans and the list of
permissible uses in § 151.334 and other requirements set forth in this chapter.
(B) The developer may provide the required water
supply by resort to ponds, wells, cisterns, above ground storage tanks, water
lines, where a community water supply system is installed, any combination of
the foregoing, or any other means, so long as the facilities satisfy the
requirements of this section.
(C) The water supply facilities may be located on
or off the site of the development.
However, off‑site facilities shall be acceptable only if the
developer has a sufficient legal interest in the facilities to ensure that the
facilities will be available to serve the development as long as they are
needed.
(D) The water supply facilities must be of the size
and so located that within 2,500 feet of every anticipated building in the
development a sufficient volume of water is available at all times of the year
to supply the water flow needed to suppress a fire on each building
(E) In determining needed water flow for
anticipated buildings, the Administrator shall be guided by the standards
promulgated by the Insurance Service Office, which standards shall be available
in the office of the Administrator.
However, the Administrator may modify these standards warranted upon
98
the advice of
the Chief of the applicable Volunteer Fire Department to the end that the basic
objective of this section set forth above might most reasonably be satisfied.
(F) Water supply sources shall be so located so
that fire-fighting vehicles will have ready access to the sources at all
times. A hard surfaced roadway shall be
provided to the water source as well as a hard surfaced, turnaround area of
sufficient dimensions to facilitate access by fire-fighting vehicles to and
from the water source.
(G) Water supply sources shall be provided with the
necessary equipment and connections (such as, dry hydrants in ponds) to ensure
that fire-fighting equipment can draw water from the sources in the most
efficient manner reasonably possible.
(H) The developer or his or her successor shall be
responsible for ensuring that all water supply sources, access roadways and
other facilities or equipment required under this section are maintained.
(Ord. passed
§ 151.184 SITES FOR AND SCREENING OF DUMPSTERS.
(A) All non-residential development that is under
the county's solid waste collection policies or otherwise will be required to
provide one or more dumpsters for solid waste collection and shall provide
sites for the dumpsters that are:
(1) Located so as to facilitate collection and
minimize any negative impact on persons occupying the development site,
neighboring properties or public rights‑of‑way;
(2) Constructed according to specifications
established by the county to allow for collection without damage to the
development site or the collection vehicle; and
(3) The size and location of the site shall be
approved by the county prior to preliminary plat approval and/or site plan
approval.
(B) All dumpsters shall be screened if and to the
extent that, in the absence of screening, they would be clearly visible to:
(1) Persons located within any dwelling unit on
residential property other than that where the dumpster is located;
(2) Occupants, customers or other invitees located
within any building on non-residential property other than that where the
dumpster is located unless the other property is used primarily for purposes
permitted exclusively in an I‑1 or I‑2 zoning district; and
(3) Persons traveling on any public street,
sidewalk or other public way.
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(C) When dumpster screening is required under this
section, the screening shall be constructed, installed and located to prevent
or remedy the conditions requiring the screening.
(D) Each applicant for a permit shall provide a
plan for the disposal of solid waste and the plan must be approved by the
county.
(Ord. passed
OPEN SPACE AND
SCHOOL SITES
§ 151.195 OPEN SPACE.
(A) All major residential subdivisions consisting
of 20 or more lots shall provide open space in accordance with the provisions
of this section unless otherwise provided.
(1) Every major residential subdivision, except
common open space subdivisions, consisting exclusively of lots that are
intended for single-family use shall be developed so that at least 5% of the
total area of the development remains permanently as open space.
(2) All multi‑family and two‑family
developments, mixed use residential developments, combination of single‑family,
two‑family and/or multi‑family, and any other type of major
residential development not covered in division (A)(1) above shall have at
least 15% of the total tract area devoted to open space.
(B) For the purpose of this subchapter, the
following definition shall apply unless the context clearly indicates or
requires a different meaning.
OPEN SPACE. An area that:
(a) Is not encumbered with any structure unless
the structure is for recreational purposes available and accessible to all
residents of the subdivision or general public, including indoor tennis courts,
swimming pool and other facilities;
(b) Is not contained within a street right‑of‑way
or otherwise devoted to use as a roadway, parking area not associated with the
use of open space or above ground waste disposal facilities;
(c) Is legally and practicably accessible to the
residents of the development out of which the open space is taken;
100
(d) Is not encumbered by underground septic lines,
any part of a sewage disposal system or any above ground or below ground
structure;
(e) May include farmland and tree farms;
(f) Is capable of being used and enjoyed for
passive recreation, such as walking, jogging or being improved for more active
recreational use;
(g) Does not include any CAMA wetlands; and
(h) Includes any part of any man‑made or
natural lakes or ponds provided they are completely surrounded by the
development and under the ownership of the developer or Homeowner’s
Association.
(C) Subdivided residential developments of less
than 20 dwelling units are exempt from the requirements of this section.
(D) At least 50% of open space required by these
regulations shall be lands suitable for development and shall not include,
among other things, U.S. Army Corps regulated wetlands and swamps.
(Ord. passed
§ 151.196 RECREATIONAL IMPROVEMENTS TO OPEN SPACE.
A portion of the
required open space for residential subdivisions shall be improved for
recreational use (such as ball fields, children's playground, swimming pools,
tennis courts, and the like) taking into consideration:
(A) The character of the open space land;
(B) The estimated age and the recreation needs of
persons likely to reside in the development;
(C) The cost of recreation facilities; and
(D) The proximity to existing recreational areas.
(Ord. passed
§ 151.197 OWNERSHIP AND MAINTENANCE OF REQUIRED OPEN
SPACE.
(A) Open space, man‑made ponds, stormwater improvements and areas required to be provided
by the developer in accordance with this subchapter shall not be dedicated to
the public, except upon written
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acceptance by
the county, but shall remain under the ownership and control of the developer
or his or her successor or a Homeowner’s Association or similar organization
that satisfies the criteria established in § 151.198.
(B) The person or entity identified in division
(A) above as having the right of ownership and control over the open space
shall be responsible for the continuing upkeep and proper maintenance of the
same. Determination of proper continuing
upkeep and maintenance shall be the responsibility of the Administrator.
(C) The developer shall place in a conspicuous
manner upon the final plat of the subdivision prior to final plat approval a
notation concerning control of open space in accordance with the provisions of
§§ 151.230 through 151.246, 151.260 through 151.263 and 151.275 through
151.278.
(Ord. passed
§ 151.198 HOMEOWNERS ASSOCIATIONS.
(A) Homeowners' associations or similar legal
entities that, pursuant to § 151.197, are responsible for the maintenance and
control of open space areas and common areas shall be established by the
developer who shall record in the Register of Deeds a declaration of covenants
and restrictions that will govern the association or similar legal entity.
(B) A copy of the recorded document shall be provided
to the Administrator and the document shall include, but not be limited to the
following:
(1) Provision for the establishment of the
association or similar entity is required before any lot in the development is
sold or any building occupied and membership shall be mandatory for each
homeowner and any successive buyer;
(2) The association or similar legal entity has
clear legal authority to maintain and exercise control over the common open
space areas;
(3) The association or similar legal entity has
the power to compel contributions from residents of the development to cover
their proportionate shares of the costs associated with the maintenance and
upkeep of the common areas; (Further,
assessments levied can become a lien on the property if allowed in the master
deed establishing the Homeowner’s Association or similar legal entity.)
(4) The open space restrictions must be permanent,
not just for a period of years;
(5) The association or similar legal entity must
be responsible for liability insurance, applicable taxes and the maintenance of
open space and other facilities under their control;
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(6) The association or similar legal entity must
be able to adjust the assessment to meet changing needs; and
(7) The association shall be responsible for
maintaining all public storm water drainage systems and easements within the
subdivision not being maintained by the county, state or other approved entity.
(Ord. passed
§ 151.199 FLEXIBILITY IN ADMINISTRATION AUTHORIZED.
(A) The requirements set forth in this subchapter
concerning the amount, size, location and nature of open space to be provided
in connection with developments are established by the Board as standards.
Presumptively, this will result in the provision of an amount of open space
that is consistent with generally recognized standards relating to the need for
the areas. The Board recognizes,
however, that due to the particular nature of a tract of land, or the
particular type or configuration of development proposed or other factors, the
underlying objectives of this subchapter may be achieved even though the
standards are not adhered to with mathematical precision. Therefore, the permit issuing body is authorized
to permit minor deviations from these standards whenever it determines that:
(1) The objectives underlying these standards can
be met without strict adherence to them; and
(2) Because of peculiarities in the developer's
tract of land or the particular type or configuration of development proposed,
it would be unreasonable to require strict adherence to these standards.
(B) Whenever the permit issuing Board authorizes
some deviation from the standards set forth in this subchapter, pursuant to
division (A) above, the official record of action taken on the development
application shall contain a detailed statement of the reasons for allowing the
deviation.
(Ord. passed
§ 151.200 RESERVATION OF SCHOOL SITES.
(A) If a development plan submitted for approval
includes a proposed school site that has been designated in the land use plan,
in accordance with G.S. § 153A‑331, Contents and Requirements of
Ordinance, or some other long‑range document adopted by the Board of
Commissioners, the county shall immediately notify the Board of Education. If the Board of Education does not wish the
site to be reserved, no site may be reserved.
If the Board of Education does wish the site to be reserved, the
development shall not be approved without the reservation.
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(B) As provided in G.S. § 153A‑331, Contents
and Requirements of Ordinance, the Board of Education must acquire the site
within 18 months after the date the site is reserved, and if it fails to do so
the developer may treat the land as freed of the reservation.
(Ord. passed
Statutory
reference:
Proposed school
sites and reservation, see G.S. § 153A‑331
SUPPLEMENTARY
USE REGULATIONS
§ 151.210 TEMPORARY EMERGENCY, CONSTRUCTION OR REPAIR
RESIDENCES.
(A) Temporary residences used on construction sites
of non-residential premises shall be removed immediately upon the completion of
the project.
(B) Permits for temporary residences to be
occupied by persons intending to live in a permanent residence pending the
construction, repair or renovation of the permanent residential building on a
site shall expire within nine months after the date of issuance, except that
the Administrator may renew the permit for one additional period not to exceed
three months if he or she determines that the renewal is reasonably necessary
to allow the proposed occupants of the permanent residential building to
complete the construction, repair, renovation or restoration work necessary to
make the building habitable.
(C) Temporary emergency, construction or repair
residences, as defined herein, shall consist of campers, travel trailers,
recreational vehicles and Class “B” mobile homes.
(Ord. passed
§ 151.211 TEMPORARY CONSTRUCTION AND SALES OFFICES.
(A) Within any district, a temporary building may
be located on any lot or tract that is being developed so long as the building:
(1) Is used as a construction or field office
related to the development of the tract where the office is located or as a
place of storage for materials used in the development of the tract;
(2) Is used as a sales office solely in connection
with the development where the temporary building is located; and
(3) Is removed within 30 days after completion of
construction work on the tract where the building is located or within 30 days after
95% of the lots or units have been sold.
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(B) For the purpose of this section, the following
definition shall apply unless the context clearly indicates or requires a
different meaning.
(a) Structures built in accordance with the State
Building Code; and
(b) Structures built in accordance with the
standards promulgated by the U.S. Department of Housing and Urban Development
and all temporary buildings shall be secured to the ground in a manner,
approved by the county's Building Inspector, that reflects the temporary nature
of the structure.
(C) Within any real estate development offering
lots or units for sale, a temporary sales office may be established in a model
or display unit that is or will be for sale and within any permanent building,
such as a clubhouse or recreation facility, that will remain as part of the
development after sales are completed.
(D) Temporary buildings, under this section, shall
observe the setback requirements applicable to permanent buildings within the
district where the temporary buildings are located.
(E) Permits must be secured from the Building
Inspector and Administrator prior to the location of any temporary
building(s). Permits shall remain valid
for 12 months and may be renewed for additional 12-month periods upon a showing
that the building is being used in conformity with this section and reasonable
progress is being made toward completion of the project.
(Ord. passed
§ 151.212 MINING.
(A) Mining shall be allowed in any mining overlay
district as a permitted use with a zoning permit issued by the Zoning
Administrator only if the applicant has received an approved state mining
permit and complies with the general standards and conditions as set forth
therein.
(B) Any mine activity, including excavation, area
where overburden is placed, area used for processing or treatment and settling
ponds, access roads and the like, shall be subject to these regulations, except
the noted exemptions in § 151.045.
(C) If, at any time, a state agency suspends or
revokes any permits it has issued for the mining operation, the revocation or
suspension shall cause the zoning permit issued by the county to become void.
(D) All state permits and applications for state
permits associated with the mining activity, including permit modifications,
shall be filed within ten working days of issuance or submittal in the county's
Planning Department by the applicant.
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(E) The zoning permit shall be valid for the same
period as established within the state permit but shall not exceed ten years
from the date it is granted. In the
event the property owner desires to continue the mining operation thereafter,
he or she shall file with the Administrator for a new permit.
(F) Appropriate buffers and screens for mining
activities shall be determined by the Administrator in order to minimize the
negative impacts on adjoining properties and street rights-of-way. The use of earth berms
for visual screening may be required.
(G) Where two or more accesses to the mining
operation exist, traffic shall be routed to the access having the least
negative impact on adjoining properties.
(H) Overburden to be used for future reclamation
shall be placed where it will not be disturbed by normal mining activities and
shall be stabilized to reduce wind and water erosion. Use of overburden for earth berms is encouraged to reduce the impact of the mining
operation on adjoining properties.
(I) No bulk waste, hazardous waste, commercial
waste, garbage, construction or demolition waste shall be placed on site.
(J) No trespassing signs shall be posted around
the site being mined at a minimum distance of 250 feet apart indicating that a
mining operation is being conducted on the property.
(K) Drainage patterns shall not be altered so as
to cause flooding off‑site while the permit is valid and after
reclamation.
(L) All provisions of state and local permits
issued for the operation shall be met.
(M)Applicant
will make available any pond areas to the local Volunteer Fire Department for
installation of a dry hydrant, if requested by the local VFD. All associated costs for installation will be
the responsibility of the local VFD.
(Ord. passed
§ 151.213 CAMPING AND CAMPERS.
(A) Camping is a permitted use of land only in
camper subdivisions and recreational campgrounds.
(B) The following uses will be allowed on platted
camper lots within the county provided all lots are serviced by either a
private or county operated central water and sewer system:
(1) One camper lot. Uses allowed include one camper, sited in the
center of the lot; a raised walkway, maximum width not to exceed five feet,
will be allowed provided proper county setback minimums can be maintained; one
accessory building, not to exceed 100 square feet, may be erected provided
proper county setback minimums can be maintained; canvas awnings shall be
allowed; no
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permanent
additions shall be allowed, temporary additions such as roll‑up canvas
awnings shall be allowed provided proper county minimum setbacks can be
maintained; proper CAMA permits must be obtained, if necessary; accessory
buildings shall be located to the rear of the primary structure or camper; open
air decks, those without roofs or walls, will be allowed up to a maximum of 100
square feet provided all county setbacks are maintained.
(2) Two camper lots. Uses allowed will be the same as for one
camper lot, if lots are used separately.
If lots are used jointly, as one lot, uses permitted shall include one
camper; site built homes; modular homes; Class “A” and Class “B” mobile homes,
up to two-bedroom limit; accessory buildings of any size; screened or
unscreened porches; walkways and decks, provided all county minimum setbacks
are met; lot coverage shall not exceed over 25% and proper CAMA permits shall
be obtained, if necessary; additions to site built homes, modular homes and
mobile homes such as rooms or accessory buildings will be permitted provided
they do not increase the number of bedrooms or bathrooms; accessory buildings
shall be located to the rear of the primary structure or camper.
(3) Three camper lots. Uses allowed will be the same as for two
camper lots with the following exception:
site built modular or Class “A” or “B” mobile homes will be allowed with
a three-bedroom maximum.
(4) Requests. All building permit requests for a principal
structure or room additions to a principal structure, must be accompanied by a
certificate of use issued by the applicable sanitation district or organization
managing the sewage treatment, stating there is adequate sewage treatment
available for this structure.
(C) All permanent structures located on a camper
lot prior to the effective date of this chapter may continue and be maintained
in good condition. Any damage equaling
25% or more of the total structure's replacement cost may be replaced only in
compliance with the requirements of this section and shall not be subject to
the replacement provisions of § 151.363.
(D) Campers may be parked or stored on any lot,
tract or parcel with an established dwelling in any zoning district, in an
approved campground or approved camper storage lot, provided the equipment
shall not be used for overnight occupancy or as a dwelling unit.
(E) Additions to campers are not permitted, nor
may campers be used as an addition to any structure.
(F) Campers may not have wheels removed and be
blocked so as to make it a permanent structure nor will underpinning be
allowed.
(G) An approved sewage disposal system shall be
provided in all campgrounds that are designed for campers or that allow use by
campers.
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(H) No camper larger than eight feet by 40 feet,
including the tongue will be located on a designated camper lot.
(I) The use of a travel trailer as a temporary
residence in connection with the construction of a dwelling shall be permitted
provided that it is occupied by the owner of the dwelling, not the contractors
or subcontractors.
(Ord. passed
§ 151.214
(A)
(B)
(C) Marinas in upland areas shall be encouraged.
(D)
(E)
(F)
(G) Dredging operations shall not occur during
critical periods of fish migration and breeding.
(H) The method of dredging shall be chosen that
will have the least environmental impact and all dredged materials shall be
placed in a manner so as not to pollute surrounding areas.
(I) Proposals for marina development shall be
accompanied by a modeling study indicating expected flushing, where applicable.
(Ord. passed
§ 151.215 MOBILE HOMES.
(A) Class “A” mobile homes are permitted in all approved
mobile home parks and mobile home park subdivisions with a zoning permit
provided underpinning of all‑weather base material is placed around the
mobile home when located in a mobile home park subdivision. Further, with a zoning permit, Class “A” mobile
homes shall be permitted on individual lots in accordance with the table of
§ 151.334, subject to the following:
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(1) The home has a length not exceeding four times
its width, with length measured along the longest axis and width measured at
the narrowest part of the other axis;
(2) The pitch of the home's roof has a minimum
vertical rise of 2 2/10 feet for each 12 feet of
horizontal run, and the roof is finished with a type of shingle that is
commonly used in standard residential construction;
(3) The exterior siding consists of wood,
hardboard, vinyl or aluminum, or covered or painted, but in no case exceeding
the reflectivity of gloss white paint, comparable in composition, appearance
and durability to the exterior siding commonly used in standard residential
construction;
(4) A continuous, permanent masonry curtain wall, unpierced, except for required ventilation and access, is
installed under the home after placement on the lot and before final occupancy,
if placed outside of a mobile home park or mobile home subdivision;
(5) The tongue, axles, transporting lights and
removable towing apparatus are removed after placement on the lot and before
final occupancy, if placed outside of a mobile home park or mobile home
subdivision;
(6) All roof structures shall provide an eave
projection of no less than six inches, which may include the gutter; and
(7) The manufactured home, stairs, porches,
entrance platforms, ramps and other means of entrance and exit to and from the
home shall be installed in accordance with the standards set by the State
Department of Insurance and the State Building Code.
(B) Class “B” mobile homes may be located in all
approved mobile home parks and mobile home park subdivisions with a zoning permit
provided underpinning of all-weather base material is placed around the mobile
home when located in a mobile home park subdivision. Further, Class “B” mobile homes may be
located in accordance with the table of § 151.334 and the provisions of §§ 151.345
through 151.347.
(C) (1) Class
“C” mobile homes that were:
(a) Constructed prior to
(b) Located within the boundaries of the county as
of the effective date of this chapter, may only be relocated to approved mobile
home parks and mobile home park subdivisions with a zoning permit.
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(2) When located in a mobile home park
subdivision, Class “C” mobile homes shall provide underpinning of all‑weather
base material around the mobile home.
Class “C” mobile homes not located within the boundaries of the county
as of the effective date of this chapter shall be prohibited from locating in
the county.
(D) When land on which a Class “B” residential
mobile home is located is acquired by a governmental agency for a public
purpose and the remaining land is insufficient to support the mobile home, then
the property owner may relocate the residential mobile home to any other area
in the county zoned R-1 with a special use permit. The government entity acquiring the property
is responsible for the special use permit fee.
(E) No mobile home may be parked for storage on
any lot, tract or parcel, except in H-C, I-1, or I-2 districts, or in a mobile
home park storage site approved subject to the provisions of division (L) below. Mobile homes may be stored in HC, I-1 or I‑2
districts, with a temporary storage permit issued by the Administrator. A storage site shall be completely surrounded
by a wall or fence which a person cannot see through, visually opaque, at least
eight feet in height and no mobile home may be stored in any district for more
than three months. Mobile home sales
lots which have employees actively engaged in mobile home sales on the site
daily shall be exempt from the three-month limitation.
(F) Mobile homes may not be used as storage
structures.
(G) A mobile home park is not a permitted use in
any zoning district.
(H) Before any mobile home is located on any lot,
tract or parcel, the following permits must be obtained:
(1) Improvements permit from the District Health
Department; and
(2) Zoning permit from the Administrator.
(I) Any mobile home which is located in the
county for any purpose whatsoever, except for approved temporary storage of the
unit must be anchored and tied down or otherwise secured according to the
manufacturer's standards of the State Department of Insurance.
(J) In a mobile home park or any location in
which the location of individual mobile home units is not made with reference
to individual lot lines which are shown on a plat approved by the county, no
attached structures shall be permitted which total in excess of 100 square feet
nor may the total of all accessory buildings in individual ownership exceed 100
square feet per mobile home unit.
(K) Two or more mobile homes shall not be joined
or connected together as one dwelling nor may a mobile home be attached to any
accessory building.
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(L) Mobile homes, attached and detached structures
shall be tied down onto block piers with anchors according to the
manufacturer's standards or the standards of the State Department of Insurance
and in no case shall be placed upon a permanent foundation in any mobile home
park or other location where the location of individual mobile home units is not
made with reference to individual lot lines which are shown on a plat approved
by the county.
(M)Mobile home
park storage site may be permitted with a zoning permit within a mobile home
park with the following conditions.
(1) The mobile home park must contain at least 20
lots on the effective date of this section to qualify for a permit for a
storage site.
(2) The storage site must be located on the same
lot, tract or parcel as the mobile home park.
(3) The size of the mobile home storage site may not
exceed 5% of the total area of all mobile home lots in the park or 40,000
square feet, whichever area is the smaller.
(4) The total number of mobile homes stored in a
mobile home park storage site shall not exceed ten mobile homes.
(5) The mobile home storage site shall be
completely surrounded by an opaque fence at least eight feet in height. The fence shall be erected and maintained in
a manner to present a neat and attractive appearance.
(6) No mobile home may be stored in a mobile home
park storage site for more than six months.
(7) It is the intent of this section to allow some
relief to owners and operators of mobile home parks who have abandoned mobile
homes in their parks or have seized or attached mobile homes under legal
process. Only mobile homes which have
been abandoned or are in the possession of the mobile home park operators under
legal process may be stored and sold in a mobile home park storage site. It is not the intent of this section to allow
a mobile home sales lot within a mobile home park and no private sales by
persons other than the operators and owners of mobile home parks may be allowed
within the storage site.
(8) Upon request by the Administrator, the mobile
home park owner or operator shall submit proof that the mobile homes located
within the storage site are those abandoned mobile homes or mobile homes seized
or attached under legal process which are permitted under this section.
(Ord. passed
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§ 151.216 ADULT AND SEXUALLY-ORIENTED BUSINESSES.
(A) The provisions of these regulations are adopted
by the County Board of Commissioners under authority granted by the General
Assembly of the state, in G.S. §§ 153A‑1 et seq. and further
G.S. § 153A‑135. From and
after the effective date and hereof, these regulations shall apply to every
building, lot, tract or parcel of land within the county.
(B) For the purpose of promoting the health,
safety, morals and general welfare of the citizenry of the county, these
regulations are adopted by the Board of Commissioners to regulate adult and
sexually-oriented businesses, as hereby defined, located in the county. Further, these regulations have been made with
reasonable consideration among other things, as to the character of the county
and its areas and their peculiar suitability for these businesses.
(C) These regulations shall not repeal, impair,
abrogate or interfere with any existing easements, covenants, deed
restrictions, setback requirements, rules, definitions or regulations
previously adopted pursuant to law in any established zoning district in the
county. However, where these regulations
impose greater restrictions, the provisions of these regulations shall govern.
(D) For the purpose of this section, the following
definitions shall apply unless the context clearly indicates or requires a
different meaning.
ADULT
ADULT BOOKSTORE. An establishment that has a substantial
portion (over 25% of total retail space) of its stock‑in‑trade and
offers for rent or sale, for any consideration, any one or more of the
following:
(a) Books, magazines, periodicals or other printed
matter, photographs, films, motion pictures video cassettes, slides or other
visual representations characterized by an emphasis upon the depiction or
description of specified sexual activities or specified anatomical areas; or
(b) Instruments, devices or paraphernalia that are
designed for use in connection with specified sexual activities.
ADULT BUSINESS. An adult business shall be defined as any
business activity, club or other establishment which permits its employees,
members, patrons or guest on its premises to exhibit any specified anatomical
areas before any other person or persons.
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ADULT MOTION
PICTURE THEATER. An establishment where, for
any form of consideration, films, motion pictures, video cassettes, slides or
similar photographic reproductions are shown, and in which a substantial
portion (25%) of the total presentation time is devoted to the showing of
material characterized by an emphasis on the depiction or description of
specified sexual activities or specified anatomical areas.
ADULT THEATER. A theater, concert hall, auditorium or
similar establishment characterized by (activities featuring) the exposure of
specified anatomical areas or by specified sexual activities.
MASSAGE. Any manipulation of body muscle or tissue by
rubbing, stroking, kneading or tapping, by hand or mechanical device.
MASSAGE
BUSINESS. Any establishment or
business wherein massage is practiced, including establishments commonly known
as massage studios or massage parlors.
Specifically excluded from this definition are massages under the direct
supervision of a licensed physician or by a masseuse licensed in the state or where
massage is an accessory to the principal use, except as an accessory to use
category 35.000, such as at health clubs and beauty salons.
SEXUALLY-ORIENTED
BUSINESS. Any business activity, club
or other establishment, within which the exhibition, showing, rental or sale of
materials distinguished or characterized by an emphasis on material depicting,
describing or exhibiting specified anatomical areas or relating to specified
sexual activities is permitted. SEXUALLY-ORIENTED
BUSINESSES shall include, but are not limited to: adult arcades, adult bookstores, adult motion
picture theaters, adult theaters and massage businesses, as defined by this
section.
SPECIFIED
ANATOMICAL AREAS. Less than completely and
opaquely covered human genitals, pubic regions, buttocks and female breasts
below a point immediately above the top of the areola.
SPECIFIED SEXUAL
ACTIVITIES.
(a) Human genitals in a state of stimulation or
arousal;
(b) Acts of human masturbation, sexual intercourse
or sodomy; or
(c) Fondling of other erotic genitals, pubic
regions, buttocks or female breasts.
TOTAL RETAIL
SPACE. Any space within the
structure that is used for the direct sale of merchandise to the public and
storage areas for those items.
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(E) Adult and/or sexually-oriented businesses
shall be subject to the following restrictions:
(1) Adult and/or sexually-oriented businesses may
be located only in an I‑2 industrial zoning district provided a special
use permit is obtained.
(2) No adult and/or sexually-oriented business
shall be permitted in any building:
(a) Located within 1,000 feet in any direction
from a building used as a residential dwelling and any R‑1, R‑2, R‑3
and GUD zoning districts;
(b) Located within 1,000 feet in any direction
from a building in which an adult and/or sexually-oriented business is located;
(c) Located within 1,000 feet in any direction
from a building used as a church, synagogue or other house of worship;
(d) Located within 1,000 feet in any direction
from a building used as a public school or as a state licensed day-care center;
or
(e) Located within 1,000 feet in any direction
from any lot or parcel on which a public playground, public swimming pool or
public park is located.
(3) Except for signs as permitted herein,
promotional displays and presentations shall not be visible to the public from
sidewalks, walkways or streets.
(4) Determination of parking requirements shall be
the responsibility of the Zoning Administrator who shall use the table found in
§ 151.111 as a guide (such as adult motion picture theaters shall provide
parking as is required for other motion picture theaters; adult and/or
sexually-oriented businesses shall provide parking as is required for dance
halls, bars and nightclubs and the like.)
(F) (1) Any
adult and/or sexually-oriented business lawfully operating on the effective
date of this chapter, that is in violation of this chapter shall be deemed a
nonconforming use. Any use which is
determined to be nonconforming by application of the provisions of this section
shall be permitted to continue for a period not to exceed two years. The nonconforming uses shall not be
increased, enlarged, extended or altered, except that the use may be changed to
a conforming use. If a nonconforming use
is discontinued for a period of 180 days or more it shall not be
reestablished. If two or more adult
and/or sexually-oriented adult businesses are within 1,000 feet of one another
and otherwise in a permissible location, the business which was first established
and continually operating at its present location shall be considered the
conforming use and the later‑established business(es)
shall be considered nonconforming.
(2) An adult and/or sexually-oriented adult
business lawfully operating as a conforming use shall not be rendered
nonconforming by the subsequent location of a church, house of worship,
day-care
2003 S-1
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center, school,
playground, public swimming pool or public park within 1,000 feet of the adult
and/or sexually-oriented business.
(Ord. passed
§ 151.217 PRIVATELY OWNED LANDFILLS, CONVENIENCE SITES
AND RELATED FACILITIES.
A
privately-owned landfill, convenience site or related facility (Table of
Special Uses, use code no. 15.320) may be located in an I‑1 or an I‑2
district with a zoning permit, subject to the following:
(A) The applicant must show written evidence of
having received all required state and federal permit prior to the issuance of
the zoning permit and prior to any use of the site for a landfill.
(B) The applicant must show written evidence of a
valid and properly executed franchise issued by the county pursuant to G.S. §
153A‑136 prior to the issuance of the zoning permit and prior to any use
of the site for a landfill.
(C) The plans and specifications for the landfill
and any facilities related thereto, including any infrastructure serving the
property or the site, shall be reviewed by an engineer and other technical
advisers so appointed by the Administrator.
Prior to any use of the site as a landfill, such plans and
specifications must receive the written approval of the Administrator following
consultations, with the engineer and other technical advisers appointed by the
Administrator.
(D) Prior to any use of the site as a landfill, the
applicant shall reimburse the county for all reasonable expenses incurred in
reviewing the application. Such expenses
shall include administrative costs and advisory fees incurred by the County,
including any legal, engineering, or other professional fees.
(Ord. 2002-08-01, passed
MAJOR
SUBDIVISION DESIGN REQUIREMENTS; REVIEW
PROCEDURES AND
APPROVAL PROCESS
§ 151.230 LANDS SUBJECT TO SUBDIVISION REGULATIONS
WITHIN THIS CHAPTER.
(A) For the purpose of this subchapter, the
following definition shall apply unless the context clearly indicates or
requires a different meaning.
SUBDIVISION. All divisions of a tract or parcel of land
into two or more lots, building sites or other divisions for the purpose,
whether immediate or in the future, of sale or building development and shall
include all divisions of land involving the dedication of a new street or a
change in existing
2003 S-2
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streets;
provided, that the following shall not be included within this definition nor
be subject to the regulations prescribed by this chapter:
(a) The combination or recombination of portions
of previously platted lots where the total number of lots is not increased and
the resultant lots are equal to or exceed the standards of the county as shown
by the regulations prescribed by this chapter;
(b) The division of land into parcels greater than
ten acres where no street right-of‑way dedication is involved;
(c) The public acquisition by purchase of strips
of land for the widening or opening of streets;
(d) The division of a tract in single ownership
whose entire area is no greater than two acres into not more than three lots,
where no street right‑of‑way dedication is involved and where the
resultant lots are equal to or exceed the standards of the county, as shown by
the subdivision regulations contained in this chapter; or
(e) The gift by a property owner of a single lot
to each of the property owner’s children or parents where the lot fronts upon a
state-maintained road, and is large enough to meet all applicable state and
local health codes and all other local ordinances.
(B) Exemption of a partition of land from the
definition of SUBDIVISION shall not exempt any resulting lots,
tracts or parcels from meeting the requirements of this chapter for the
granting of zoning, building or improvements permits.
(C) No structure may be erected, installed or
otherwise placed on a lot created on or after June 3, 2002 where that lot is
not either served by a state maintained road or is not served by a private road
or right-of-way built and maintained to state road standards. Structures erected for use on a bona fide
farm are exempt from this division.
(D) No parcel created under this section of
otherwise created as an “exemption” from the subdivision rules, ordinances or
laws of the county or the state may be further subdivided into any more than
one lot plus the residual parcel within five years of it having been created.
(Ord. passed
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§ 151.231 GENERAL.
(A) No plat of a subdivision within the
jurisdiction of the County Planning Board shall be accepted for recordation by
the Register of Deeds until and unless final approval has been given by the
County Board of Commissioners, the County Planning Board or the County
Administrator acting as the authorized agent of the County Board of
Commissioners or Planning Board. To obtain
final plat approval, the subdivider shall generally
follow the procedures contained herein.
The provisions contained in this section shall apply to all subdivisions
having six lots or more and not otherwise meeting the criteria for minor,
private access or common open space subdivisions, as described in §§ 151.260
through 151.263 and 151.275 through 151.278 and within §§ 151.290 through
151.297.
(B) Any expenses involved in the improvement of
any property prior to the written receipt of preliminary plat approval by the
(C) Concurrent submittals of initial sketch,
preliminary and/or final plats will not be accepted for review. However, concurrent submittals of preliminary
and final plat may be allowed by the Planning Department when no improvements
are required.
(Ord. passed
§ 151.232 DESIGN STANDARDS AND CRITERIA.
All major
subdivisions shall be designed to meet the following requirements:
(A) Streets and roads.
(1) All streets paved. All streets within a subdivision must be
developed to meet current state standards for road construction as contained in
the Subdivision Roads, Minimum Construction Standards Handbook, as
revised, published by the State Department of Transportation.
(2) Coordination and continuation of streets. The proposed street layout within a
subdivision shall be coordinated with the existing street system of the
surrounding area and, where possible, existing principal streets shall be
extended.
(3) Access to adjacent properties. Where, in the opinion of the Board of Commissioners,
it is necessary to provide for street access to an adjoining property, proposed
streets shall be extended by dedication to the boundary of the property and a
temporary turnaround easement shall be provided. The use of residential strips of land in
order to prevent the extension of proposed or existing streets or access
thereto is prohibited. Landlocked
parcels shall not be created.
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(4) Marginal access streets. Where a tract of land to be subdivided
adjoins a principal arterial street, the subdivider
may be required to provide a marginal access street parallel to the arterial
street or reverse frontage on a minor street for the lots to be developed
adjacent to the arterial. Where reverse
frontage is established, private driveways shall be prevented from having
direct access to the principal arterial.
Also, a 25-foot non‑access buffer zone will be required on the
side of the lot which abuts the principal arterial street. A ten-foot buffer may be considered sufficient
if the vegetation creates a year‑round opaque screening or a combination
of vegetation adjacent (facing) the right‑of‑way with a six-foot
fence of solid construction from the ground up is provided. This buffer zone may be counted toward the
open space requirement platted as open space or may be counted as a portion of
each individual lot.
(5) Construction standards. All streets intended to be dedicated to the
state shall have rights‑of‑way and construction meeting standards
set by the State Department of Transportation for acceptance and maintenance as
part of the state system of highways.
The Division of Highways, through its District Highway Engineer, must
approve the plat with respect to road construction, road width and right‑of‑way
prior to recording. Without the
approval, the plat cannot be recorded.
All private streets intended to remain under the maintenance, control
and responsibility of a developer or homeowner's association shall provide
certification by a licensed engineer that the streets have been constructed to
state standards, without regard to minimum right‑of‑way
requirements.
(6) Signs.
(a) Proposed streets which are obviously in
alignment with existing streets shall be given the same name. In assigning new names, duplication of
existing names shall be avoided and in no case shall the proposed name be
phonetically similar to existing names irrespective of the use of a suffix such
as street, road, drive, place, court and the like. Street names shall be subject to the approval
of the Planning Board. The subdivider shall be required to provide, erect and arrange
for maintenance of street signs of a legible and durable construction. At least two street name signs shall be
placed at each four‑way street intersection and at least one at each “T”
intersection. Signs shall be installed
free of visual obstruction. Street name
signs shall conform to County and State Department of Transportation standards.
(b) Traffic-control signs and signals, if deemed
necessary by the State Department of Transportation, shall be erected and
maintained by the developer at each street intersection within the subdivision
and at each intersection of a subdivision street and a state‑maintained
road or access road. Signs shall comply with county and the State Department of
Transportation regulations with regards to size, shape, color, location and
information contained thereon. At least
two or more traffic-control signs shall be placed at each four‑way street
intersection and at least one at each “T” intersection. Signs shall be installed free of visual
obstruction.
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(7) Through traffic discouraged on collector
and minor streets. Collector and
minor streets shall be so laid out that their use by through traffic will be
discouraged. Streets shall be designed
or walkways dedicated to assure convenient access to parks, playgrounds,
schools and other places of public assembly.
(8) Cul-de-sacs. No cul-de-sac or dead end street shall exceed
1,000 feet in length nor be less than 100 feet in length, as measured from the
closest street intersection centerline.
Cul‑de‑sacs will be designed and constructed to meet state
standards and NFPA standards. In
addition, the entrance into the cul‑de-sac shall be flared by sufficient
width to ensure proper turning radius for emergency vehicles upon entering and
exiting the cul‑de‑sac.
(9) Intersections. Intersections shall be
designed to be more than 125 feet apart.
(10) Access. Where access to a subdivision site is by a
road not meeting current state standards, that road shall be improved by the
developer to meet current state standards.
(B) Wetlands. Where any lot or site includes an area of
CAMA wetlands, as determined by on‑site evaluation by the Division of
Coastal Management Staff, the wetland area may not be counted as part of the
minimum square footage required of any lot for development nor for any
requirement for open space. CAMA
wetlands are those lands which are subject to regular or periodic flooding and
bear characteristic vegetation or as defined in the State Administrative Code
described as any salt marsh or other marsh subject to regular or occasional
flooding by tides, including wind tides provided this shall exclude hurricane
or tropical storm tides. All 404
wetlands must be delineated and approved by the U.S. Army Corps of Engineers
and a statement entered on the plat stating the existence of 404 wetlands on
the property. Minimum lot areas may
include 404 wetlands.
(C) Soils.
No lots requiring over 24 inches of fill on over 50% of the lot shall be
developed or used for building purposes.
(D) Water access. For subdivisions of 20 or more lots, where
property being subdivided abuts public trust or estuarine waters, adequate
areas suitable for access to those waters by the property owners shall be
established. At a minimum, this area
shall include 20,000 square feet, shall be contiguous to the tract being
developed and must include a minimum of 20 linear feet of shoreline.
(E) Utility and drainage easements. Each subdivision must provide 10-foot
easements for utilities and drainage, including but not limited to water and
sewer mains along rear and side lot lines and 15 feet along front lines for
service to all lots within the subdivision.
Additional easements may be required due to topography or other physical
features. Where a development concept is
approved which requires zero lot line development, alternative easement
locations may be considered.
2003 S‑2
118
(F) Drainage.
(1) Each subdivision shall provide adequate storm
drainage for all areas in the subdivision.
A combination of storage and controlled release of stormwater
run‑off is required. The release
rate of stormwater from all developments shall not
exceed the ten‑year stormwater run‑off
from the area in its natural state (post-development vs. pre‑development). All free flowing storm drainage systems shall
be designed to accommodate the run‑off generated by a ten‑year
design storm or State Department of Transportation (NCDOT) standards if more
restrictive and the system will be maintained by NCDOT if the system is located
within the NCDOT right‑of‑way.
Plans must show, at minimum, the following information:
(a) All culvert inverts, including driveway
culverts;
(b) Direction of flow;
(c) Elevation data of drainways,
ditches, swales and the like to outlet;
(d) Drainage calculations for drainway
design within boundaries of proposed subdivision and off‑site, if
appropriate; and
(e) Total pre‑development and post‑development
run‑off in CFS (cubic foot per second) volume leaving development area.
(2) Plans must address maintenance of the drainage
system and who will be the responsible party to ensure proper maintenance is
performed on the drainage system. The
plan will be reviewed and inspected by county planning and technical review
staff.
(G) Erosion.
Cut and fill shall be limited to affecting no more than 50% of the
site. Fill shall not encroach on natural
water courses, their floodplains or constructed channels in a manner so as to
adversely affect water bodies or adjacent property owners. Sediment traps, basins and other control
measures for limiting erosion will be installed per a state approved erosion
and sedimentation control plan and will be reviewed and inspected by county
planning and technical review staff.
(H) Cultural and historic. The developer shall not destroy buildings and
structures of cultural or historic significance, as determined by county
technical staff in consultation with state preservation officials. No developer may usurp, abolish or restrict
public access areas to the waters of the Pasquotank and
(I) Dedication. The developer of any subdivision having
50 or more lots shall provide for land or improvements as authorized under G.S.
§ 153A-331.
(1) Schools.
Where the
2003 S‑2
Unified
Development 119
(2) Community service facilities. The county may require the donation of
land and the construction of community service facilities in accordance with
county policies and standards to assure compliance with these
requirements. Any land to be donated (or
community service facilities to be constructed) shall be completed prior to
recording of the final plat. The amount
of land to be donated shall not be less than one acre of community facility
property per 50 lots or fraction thereof.
The decision as to which land shall be donated shall be the sole
discretion of the county.
(3) Recreational land. For recreational land, the developer
shall at the county's option, make a payment to the county an amount of money
equal to the value of one acre of land per 50 lots or fraction thereof as it
would be appraised following its subdivision.
Otherwise the developer shall set aside one acre per 50 lots or fraction
thereof. Such land shall be in the name
of the Homeowner's Association with the title recorded in the Camden County
Registry prior to recording the final plat.
(J) Lots.
(1) Every lot shall front or abut a state
maintained road or paved subdivision street, except as provided for in a
private access subdivision.
(2) Lots shall conform to the area, dimensional
and building setback requirements as prescribed in this chapter for the
appropriate zoning district in which the proposed subdivision will be located.
(3) Double frontage or reverse frontage lots shall
be avoided, except when used in conjunction with the provisions for marginal
access streets. Double frontage lots
require a non‑access buffer of 25 feet in addition to other dimensional
requirements.
(4) Corner lots shall be ten feet wider than the
required minimum in order to accommodate the additional setback required. Residential driveways on corner lots having
frontage along a major arterial street shall be designed not to ingress/egress
on major arterial streets.
(5) Side lot lines shall be substantially at right
angles or radial to street lines. Where
side lot lines intersect at the rear of the lot, the angle of intersection
shall not be less than 60 degrees.
(a) Prior to the approval of the final plat,
permanent reference points shall have been established in accordance with the
requirements set forth in this section.
(b) At least one corner of the subdivision shall
be designated by course and distance (tie) from a readily discernible reference
marker.
(c) If a corner is within 2,000 feet of a U.S.
Geodetic Survey or NC Grid System coordinated monument, then this corner shall
be marked with a monument so designated by computed X and Y coordinates which
shall appear on the map with a statement identifying this monument to an
accuracy of at least one to 10,000.
2003 S‑2
120
(d) When a monument is not available, the tie
shall be made to some pertinent and readily recognizable landmark or
identifiable point, physical object or structure. However, if in the opinion of the Planning
Board, a subdivision is of a small size, or if there is an existing tie within
a reasonable distance of the subdivision, this shall not be required.
(e) Within each subdivision, at least two
monuments designed and designated as control corners shall be installed. The surveyor shall employ additional
monuments, if required.
(f) All monuments shall be constructed of #4
rebar surrounded by three-inch PVC pipe and filled with concrete.
(g) Each monument shall be set 24 inches in the
ground unless this requirement is impractical because of unusual conditions.
(h) The allowable angular error of closure and the
linear error of closure for surveys shall be in accordance with Standards of
Practice for Land Surveying published by the State Board of Registration for
Land Surveyors.
(K) Flood elevation marker. Where a subdivision contains more than five
lots or more than five acres, there shall be located in the subdivision at
least one flood elevation marker established by a registered land surveyor.
(L) Community
mail boxes. When the United States
Postmaster requires in writing use of one or more community mailboxes in a
major subdivision or planned unit development, the applicant must show on the
preliminary plat and final plat, the location of the community mail box(es).
(M)Bus stops.
(1) The applicant for all major subdivisions and
planned unit developments must show on the preliminary plat and final plat the
location of bus stops that shall be used for the pick‑up and drop‑off
of school children.
(2) (a) Bus
stops shall be located at locations within the preliminary and final plat as
approved by the School Superintendent or his or her designee.
(b) Each bus stop shall be not less than six feet
long and three feet deep with a bench running the length of the rear of the bus
stop.
(c) The sides of each bus stop shall be made of a
clear or semi‑clear material and the roof shall be constructed to keep
rain off persons standing inside the bus stop.
(3) A note shall be placed on the preliminary and
final plat stating that the Homeowner's Association shall be responsible for
the maintenance of the bus stops.
2003 S‑2
Unified
Development 121
(4) The requirements for a bus stop may be waived
upon written approval of the waiver by the School Superintendent or his or her
designee.
(Ord. passed
§ 151.233 REQUIRED MAJOR SUBDIVISION SUBMISSION
DOCUMENTS AND
INFORMATION.
|
|
Sketch
Plat |
Preliminary
Plat |
Final
Plat |
||||
|
Project;
Plat Information: |
|||||||
|
Name
of subdivision, township, county, state |
X |
X |
X |
||||
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Name,
signature, license number, seal and address of engineer, land surveyor,
architect, planner and/or landscape architect involved in preparation of plat |
X |
X |
X |
||||
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Vicinity
map: one inch equals 2,000 feet or
larger |
X |
X |
X |
||||
|
North
arrow and scale |
|||||||
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Scale
to be one inch equals 200 feet or larger |
X |
|
|
||||
|
Scale
to be one inch equals 100 feet |
|
X |
X |
||||
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Number
of copies required: |
|||||||
|
Ten
black or blue line copies with one 8½ x 11-inch reduced copy |
X |
X |
|
||||
|
Ten
black or blue line copies, plus one copy suitable for reproduction (drawn in
ink on mylar, vellum, film or a reverse sepia);
plus one 8½ x 11-inch reduced copy |
|
|
X |
||||
|
Payment
of application fees |
X |
X |
X |
||||
|
Property
information: location and general
description of existing structures, property lines, paths, streets, roads,
railroads, ditches, canals, streams, water courses, bridges, culverts, storm
drainage pipes, utility lines and structures, water lines, septic systems,
wells, easements, rights-of-way within the property to be subdivided and
within 50 feet of the exterior property lines |
|||||||
|
Approximate
location |
X |
|
|
||||
|
Actual
location |
|
X |
|
||||
|
Ownership
of adjoining property |
X |
X |
X |
||||
|
The
boundaries of the property and the portion of the property to be subdivided,
together with metes and bounds description showing dimensions, bearings and
distances |
X |
X |
X |
||||
2003
S‑2
122
|
|
Sketch
Plat |
Preliminary
Plat |
Final
Plat |
||||
|
Total
acreage of the property to be subdivided |
X |
X |
X |
||||
|
Minimum
lot size and the total number of lots |
|||||||
|
Approximate size and total lots |
X |
|
|
||||
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Actual size and total lots |
|
X |
X |
||||
|
The
zoning classification of the property and of adjacent properties |
X |
X |
X |
||||
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Tentative
surface and subsurface drainage |
|
X |
|
||||
|
Location
of land to be dedicated or reserved for public or private use (parks,
recreational sites, open space requirements, reserved utility space and the
like) and their area, accompanied by provisions concerning their future
ownership and maintenance |
|||||||
|
Approximate location and area |
X |
|
|
||||
|
Actual location and area |
|
X |
X |
||||
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|||||||
|
Approximate location |
X |
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|
||||
|
Actual location with dimensions |
|
X |
X |
||||
|
Location
or areas, if any, to be used for non-residential purposes |
|||||||
|
Approximate location |
X |
|
|
||||
|
Actual location |
|
X |
X |
||||
|
Development
information: location, widths and
purpose of any proposed natural buffers, pedestrian/ bicycle/jogging trails
or courses, right-of-way or other easements, location(s) of existing
cemeteries, layout of any proposed utilities (sewer, water, drainage, gas,
electricity or telephone lines) showing connections to existing systems or
easements reserved for proposed or potential systems, location of community
water or community sewage disposal systems; location of any proposed ponds or
other storm drainage features |
|||||||
|
Approximate location and area |
X |
|
|
||||
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Actual location and area |
|
X |
X |
||||
|
Minimum
building setback lines shall be shown on each individual lot |
|
X |
X |
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Layout
of lot arrangement, including lot lines, dimensions and lot and block numbers |
|
X |
X |
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Unified
Development 123
|
|
Sketch
Plat |
Preliminary
Plat |
Final
Plat |
||||
|
Any
rezoning requests, if necessary, for the project to develop as proposed |
X |
|
|
||||
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Signature
block for Chairperson, Board of Commissioners |
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|
X |
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Appropriate
certification blocks |
|
X |
X |
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Copy
of Homeowner's Association documents and any restrictive covenants applicable
to development which are to be recorded |
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|
X |
||||
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Street
addressed must be shown on each lot |
|
X |
X |
||||
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Community
mailboxes |
|||||||
|
Proposed location |
|
X |
|
||||
|
Actual location |
|
|
X |
||||
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Bus
stops |
|||||||
|
Proposed location |
|
X |
|
||||
|
Actual location |
|
|
X |
||||
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Setting;
Environmental Information: |
|||||||
|
Base
flood elevation lines, as delineated on the flood insurance rate maps of the
county |
|||||||
|
Approximate location |
X |
|
|
||||
|
Actual location |
|
X |
X |
||||
|
Determination
by the Local Coastal Area Management Act (CAMA) Permit Officer as to whether
the proposal is or is not located within any area of environmental concern |
|
X |
|
||||
|
Location
and area of all designated areas of environmental concern within the
subdivision or other such areas which are environmentally sensitive, such as
CAMA wetlands or 404 wetlands, as defined by the U.S. Army Corps of Engineers |
|||||||
|
Approximate location and area |
X |
|
|
||||
|
Actual location and area |
|
X |
X |
||||
124
|
|
Sketch
Plat |
Preliminary
Plat |
Final
Plat |
||||
|
Location
of natural features such as wooded areas, swamps, water courses, floodplains,
soil types and the like on site and within 100 feet of exterior property line |
|||||||
|
Approximate location |
X |
|
|
||||
|
Actual location |
|
X |
|
||||
|
Contour
intervals of two feet flood elevation date may be required; grading plan may
be required |
|
X |
|
||||
|
Improvements
and Construction Information: |
|||||||
|
Location
of street rights-of-way, cul-de-sacs, turnarounds and the like with design
widths and distances in linear feet; must show all paved areas and areas to
be graveled |
|||||||
|
Approximate location |
X |
|
|
||||
|
Actual location |
|
X |
X |
||||
|
Street
names |
|||||||
|
Proposed |
X |
|
|
||||
|
Actual |
|
X |
X |
||||
|
Site
identification signs, traffic-control signs, street name signs and
directional signs |
|||||||
|
Show locations and type |
|
X |
|
||||
|
Must be erected |
|
|
X |
||||
|
Engineering
data: approximate street grade, design
data for street corners and curves, plan view for streets and water/sewer
lines. Any additional data which may
be required by the State Department of Transportation, County Public Works
Department or any of the other official reviewing agencies |
|
X |
|
||||
|
Site
evaluations reviewed and approved on each individual lot by the county's
Health Department. If centralized or
community systems are being proposed, then reviews and approvals are required
by the appropriate state reviewing agency |
|
X |
|
||||
|
Drainage
calculations in order to comply with state stormwater
regulations |
|
X |
|
||||
Unified
Development 125
|
|
Sketch
Plat |
Preliminary
Plat |
Final
Plat |
||||
|
Soil
erosion and sedimentation control plan, as reviewed and approved by
DEHNR-Land Quality Section |
|
X |
|
||||
|
Proposed
utility infrastructure plans, including sanitary sewer, water, stormwater management, telephone, electric and cable
television |
|
X |
|
||||
|
Location
and construction details of either wet or dry fire hydrants |
|
X |
|
||||
|
Lighting
plan and details, if proposed |
|
X |
|
||||
|
Landscape
and tree-planting plan with details, if required |
|
X |
|
||||
|
Solid
waste management-dumpster plan, if required |
|
X |
|
||||
|
Sight
triangles |
|
X |
X |
||||
|
Two
copies of as-built plans to be submitted, showing any utilities, drainage and
infrastructure improvements installed |
|
|
X |
||||
|
Construction
details, as required by Ch. 151 of the code of ordinances |
|
X |
X |
||||
|
Monumentation set and control
corner established |
|
|
X |
||||
|
Payment
per lot connection fees for county water |
|
|
X |
||||
|
For
subdivisions containing 20 or more lots, the information listed below shall
be provided; the number of lots shall be determined by counting the
cumulative number of lots created on a tract as such boundaries that existed
as of the effective date of Ch. 151 of the code of ordinances by anyone who
owned, had an option on or any legal interest in the original subdivision |
|||||||
|
Development
Impact Statement: |
|||||||
|
Physical
analysis (type of units expected, including number of bedrooms, projected
value, size and timing of phases and the like |
X |
|
|
||||
|
Housing
market analysis (delineate market area, project demand, supply and unmet
demand, determine net capture, identify development profile) |
X |
|
|
||||
|
Environmental
impact (water consumption estimated per unit type, available water resources,
report outlining sewer generation and means of disposal) |
X |
|
|
||||
126
|
|
Sketch
Plat |
Preliminary
Plat |
Final
Plat |
|
Fiscal
analysis (estimated real property valuation, estimated personal property
valuation, estimated annual land transfer tax value) |
X |
|
|
|
Traffic
analysis (estimated number of trips generated, volume of existing traffic on
roads adjacent to and within one-half mile of tract, directional distribution
of traffic, capacity analysis) |
X |
|
|
(Ord. passed
§ 151.234 CERTIFICATION BLOCKS REQUIRED FOR MAJOR
SUBDIVISIONS.
(A) The appropriate certificate blocks as set forth
below shall appear on all copies of the final plat or any other plats, as
required by § 151.232.
(B) It is suggested in order to eliminate
confusion that all certification blocks and other detail or design information
be grouped on a separate single sheet of the plat plans.
(1) Certificate of Approval.
I
hereby certify that all streets shown on this plat are within Camden County,
all streets and other improvements shown on this plat have been installed or
completed and that the subdivision shown on this plat is in all respects in
compliance with the Camden County Unified Development and, therefore, this plat
has been approved by the Camden County Planning Board and signed by the
Chairperson, Board of Commissioners, subject to its being recorded in the
Camden County Registry within ninety (90) days of the date below.
Date Chairperson,
Board of Commissioners
(2) Certificate of Ownership and Dedication.
I
hereby certify that I am the owner of the property described hereon, which
property is located within the subdivision regulation jurisdiction of Camden
County, that I hereby freely adopt this plat of subdivision and dedicate to
public use all area shown on this plat as streets, alleys, walks, parks, open
space and easements, except those specifically indicated as private and that I
will maintain all such areas until the offer of dedication
2003
S‑2
Unified
Development 127
is
accepted by the appropriate public authority. All property shown on this plat
as dedicated for a public use shall be deemed to be dedicated for any other
public use authorized by law when such use is approved by the appropriate
public authority in the public interest.
Date Owner
I,
, a notary public of County, North Carolina, do hereby certify
that personally appeared before me this
date and acknowledged the due execution of the foregoing certificate.
Witness
my hand and official seal this day of , .
My
commission expires
. Notary Public
(3) Approval notation. The developer shall place in a conspicuous
manner upon the final plat of the subdivision prior to final plat approval a
notation containing the following words:
Open
space and ponds required to be provided by the developer in accordance with Ch.
151 of the code of ordinances shall not be dedicated to the public, except upon
written acceptance by the County, but shall remain under the ownership and
control of the developer (or his or her successor) or a Homeowner's Association
or similar organization that satisfies the criteria established in
§ 151.198 of the county's code of ordinances.
(4) Certificate of Survey and Accuracy.
(a) Certificate.
I,
, certify that this plat was drawn under my
supervision from an actual survey made under my supervision (deed description
recorded in Book , Page , (other); that the boundaries not surveyed
are clearly indicated as drawn from information found in Book , Page ,
that the ratio of precision as calculated is ; that this plat was prepared in accordance
with G.S. § 47‑30, as amended.
Witness my original signature, registration number and seal this day of , .
(Seal
or Stamp)
Surveyor Registration
Number
(b) Other contents. The plat must contain a certificate prepared
by the surveyor and shown on the plat attesting to one of the following
statements:
1. The survey creates a subdivision of land
within the area of a county that has an ordinance that regulates parcels of
land;
128
2. The survey is located in a portion of the
county that is unregulated as to an ordinance that regulates parcels of land;
3. Any one of the following:
a. The survey is of an existing parcel or
parcels of land and does not create a new street or change an existing street;
b. The survey is of an existing building, other
structure or natural feature, such as a watercourse; or
c. The survey is a control survey.
4. The survey is of another category, such as
the recombination of existing parcels, a court‑ordered survey or other
exception to a definition of subdivision; and
5. The information available to the surveyor is
such that the surveyor is unable to make a determination to the best of the
surveyor's professional ability as to provisions contained in divisions
(B)(4)(b)1. through 4. above.
(c) Additional contents. However, if the plat contains the certificate
of a surveyor as stated in divisions (B)(4)(b)1., 4. and 5. above, then the
plat shall have, in addition to the surveyor's certificate, a certificate of
approval from the review officer before the plat may be presented to the
Register of Deeds for recordation.
(d) Recordation. If the plat contains the certificate of the
surveyor as stated in divisions (B)(4)(b)2. and 3. above, nothing shall prevent
the recordation of the plat if all other provisions have been met.
(5) Division of Highway District Engineer
Certificate for Public Streets, if applicable.
I
hereby certify that the public streets shown on this plat are intended for
dedication and have been completed in accordance with at least the minimum
specifications and standards of the NC Department of Transportation for
acceptance of subdivision streets on the NC highway system for maintenance.
Date District
Engineer
Unified
Development 129
(6) Engineer Certificate for Private Streets,
if applicable.
I
hereby certify that the private streets shown on this plat are intended for
private use and will remain under the control, maintenance and responsibility
of the developer and/or a homeowner's association and that they have been
completed in accordance with at least the minimum specifications and standards
of the State Department of Transportation.
Date Licensed
Engineer
(7) Additional statement. If the subdivision is located within a State
Coastal Area Management Act area of environmental concern, the preliminary plat
shall contain a statement as follows, signed by the coastal area management
permit officer:
This
subdivision (or portions thereof) is located within an Area of Environmental
Concern.
Date Coastal
Area Management Permit Officer
(8) Engineer Certification of Stormwater Improvements.
In
the subdivision entitled , stormwater
drainage improvements have been installed (1) according to plans and
specifications prepared by , or (2) according to As‑Built plans
submitted by and approved by the County. Camden County assumes no responsibility for the
design, maintenance or the guaranteed performance of the stormwater
drainage improvements and their effects.
Registered
Land Surveyor/Civil Engineer Date
Registration
Number
130
(9) Certificate of Review Officer.
State
of
I,
, Review Officer of
Review
Officer Date
(10)Health
Department certificate.
This
subdivision, entitled ____________, has been designed for the construction of
individual sewage systems and meets the criteria and requirements of the
District Health Department based on existing conditions and regulations. The District Health Department reserves the
right to require additional improvements to these properties and to limit the
number of bedrooms and size of structure based on site conditions upon issuance
of the final site improvements permits.
This certification does not constitute a warranty and is issued based on
this subdivision being serviced.
Date District
Health Department
(11)NCDOT
compliance with rules and regulations.
I
hereby certify that these streets as installed (or as designed and guaranteed
by the applicant) are in accordance with the minimum design criteria presently
required by the North Carolina Department of Transportation, Division of
Highways for acceptance of subdivision streets onto the system for maintenance.
Date District
Division
of Highways
(12)Subdivided
property within floodway. If any
portion of the property to be subdivided lies within a floodplain or floodway,
the plat must show the boundary of the floodway or floodplain and contain in
clearly discernable print the statement “Use of land within a floodway or
floodplain is substantially restricted by the Camden County Code.”
(Ord. passed
Statutory
reference:
Plats,
subdivisions, and mapping requirements, see G.S. § 47‑30
2003 S-2
Unified
Development 131
§ 151.235 SKETCH DESIGN PLAN PROCEDURES.
(A) A pre‑application conference between the subdivider and the Administrator shall occur prior to any
presentation to the Planning Board. Any
effort to secure this conference is the sole responsibility of the subdivider or his or her agent. The primary purpose of this conference is to
provide assistance and guidance to the subdivider for
the swift and least uninterruptible review of the proposed subdivision. To
ensure an equal understanding, this conference will provide a mutual exchange
of basic information that is needed to facilitate and clarify the requested
review process for all major subdivisions.
(B) To carry out the purpose of the pre‑application
conference, the subdivider and the Administrator
shall be responsible for the following actions:
(1) Actions by the subdivider.
(a) The subdivider shall
present an outline, drawing, sketch or draft of the area to be subdivided that
will accurately provide site information for reasonable discussion.
(b) The subdivider shall
provide general site information regarding water supply, sewage disposal, surface
and subsurface drainage, flood hazard areas, street dedications and soil
erosion and sedimentation control requirements for the development of the
tract.
(c) Any further supportive plans or information
that may be required for the determination of this review status.
(2) Actions by the Administrator. The Administrator will provide to the subdivider all necessary guidance as to the required review
process for the particular tract in question based upon the information given
by the subdivider and the following points of public
concern.
(a) The subdivider will
be informed if a change in zoning shall be required for the subject tract or
part thereof.
(b) The subdivider must
initiate any necessary rezoning applications.
(c) In no event will any preliminary plat be
presented for approval prior to the Board of Commissioners approval of the
requested zoning change.
(d) Direct assistance to the subdivider
to ensure full compliance with the subdivision regulations.
(e) Outline the other public agencies that the subdivider must approach for explicit direction.
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(f) Any further information that will aid the subdivider to meet the requirements of the review process.
(Ord. passed
§ 151.236 SKETCH DESIGN PLAN REVIEW PROCESS.
(A) The subdivider/developer
shall submit a completed application form and all supplementary materials to
the Planning Department no later than 20 working days prior to the next
regularly scheduled Planning Board meeting date. A fee shall be charged upon submission of the
sketch design plans application as specified in the adopted fee schedule of the
county.
(B) The subdivider must
also submit a copy of the sketch plan and any accompanying material a minimum
of 15 working days prior to the submittal date identified above to those public
officials and agencies concerned with new development. Verification of meeting this requirement will
be required. Review comments and recommendations from the technical review
staff shall be submitted simultaneous with submittal to the Planning
Department. The Administrator will help
to advise the subdivider concerning which agencies
are applicable for a given proposal.
(C) (1) The
sketch plan shall be submitted to the Administrator prior to the Planning Board
meeting at which time it will be reviewed.
The staff shall review the sketch plan for general compliance with the
requirements of this chapter and other official plans, ordinances and policies
of the county.
(2) The technical review staff shall make
recommendations to the planning staff including any recommendations received
from other public officials and agencies reviewing the proposal that is
concerned with new development.
(D) The technical review staff at the sketch plan
stage will generally consist of the County Water Department or water authority
which is to service the proposed subdivision, local Health Department, local
Volunteer Fire Department, Superintendent of Schools, State Department of
Transportation, Sheriff, local cable television provider, United States Postal
Service postmaster for the area encompassing the subdivision, and local Soil
Conservation Service.
(E) The subdivider/developer
or his or her agent must attend the Planning Board meeting and all subsequent
Board meetings for presentation of the application to the appropriate boards
and to answer any questions by Board members and others.
(F) The Planning Board shall discuss, with the subdivider/developer or his or her agent, changes deemed
advisable, if any, and the kind and extent of improvements to be made.
(G) Upon hearing all remarks and recommendations by
the subdivider/developer or his or her agent, county
staff and technical review staff, the Planning Board shall recommend to
approve, approve conditionally, disapprove or table the application.
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(H) Within 60 days from the date of its first
review of the sketch plan, the Planning Board will forward the plat along with
its recommendations, including any conditions or modifications, to the Board of
Commissioners. Failure to forward the
plat within the allotted time shall have the same effect as a recommendation
for approval.
(I) During the first regularly scheduled monthly
meeting of the Board of Commissioners, following recommendation by the Planning
Board, the Board of Commissioners will set a public hearing date to hear any
and all remarks presented by the subdivider/developer,
staff comments and recommendations, technical staff comments and others.
(J) The subdivider/developer
or his or her agent must attend the Board of Commissioners meeting and all
subsequent Board meetings for presentation of the application and to answer any
questions by Board members and others.
(K) The Board of Commissioners shall discuss with
the subdivider/developer or his or her agent changes
deemed advisable, if any, and the kind and extent of improvements to be made by
him or her.
(L) (1) Upon
conclusion of the public hearing, the Board of Commissioners may approve,
approve conditionally, disapprove or table the request as set forth in the
Board of Commissioner's rules of procedures and by state law.
(2) Because of the conceptual presentation
involved this shall not constitute an official action of approval of the
subdivision for recordation.
(M) Receiving approval from the Board of
Commissioners shall allow the subdivider/developer to
proceed with submission of all materials and information required for the
preliminary plat review process and to seek all permits as required under this
subchapter, §§ 151.260 through 151.263 and 151.275 through 151.278.
(Ord. passed
§ 151.237 PRELIMINARY PLAT PROCEDURES.
(A) For every subdivision which does not qualify
for the abbreviated procedure outlined in §§ 151.260 through 151.263 and
151.275 through 151.278, the subdivider shall submit
to the Administrator a preliminary plat which must be reviewed by the technical
review staff, county planning staff, the Planning Board and approved by the
Board of Commissioners before any construction or installation of improvements
can begin.
(B) The subdivider shall
submit copies of the preliminary plat and any accompanying material to those
public officials and agencies concerned with new development. The Administrator will help to advise the subdivider concerning which agencies are applicable for a
given proposal, but it will ultimately be the subdivider's
responsibility to obtain the required permits and approvals.
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(C) The preliminary plat shall be submitted to the
Administrator prior to the Planning Board meeting at which time it will be
reviewed. The staff shall review the
preliminary plat for general compliance with the requirements of this chapter
and other official plans, ordinances and policies of the county. The technical review staff shall make
recommendations to the planning staff and Planning Board including any
recommendations received from other public officials and agencies reviewing the
proposal that is concerned with new development.
(D) The technical review staff consists of: the
County Water Department or water authority which is to service the proposed
subdivision; local Health Department; local Volunteer Fire Department; Postal
Service; Soil Conservation Service; Division of Coastal Management; U.S. Army
Corps of Engineers; Superintendent of Schools; Department of Environment,
Health and Natural Resources‑Division of Land Resources‑Land
Quality Section; Division of Environmental Management‑Groundwater Section,
Air Quality Section; Division of Health Services (DHS); State Department of
Transportation; Eastern North Carolina Natural Gas, local power company; local
phone company and local cable company, as applicable; and other agencies as
needed or necessary.
(E) (1) All
construction permits and approvals must be obtained by the subdivider/developer
from all local, state and federal agencies requiring the approval of the
development prior to submission of the preliminary plat for review by the
Planning Board.
(2) The burden of obtaining all necessary permits
and approvals are hereby the subdivider/developer's
responsibility.
(Ord. passed
§ 151.238 PRELIMINARY PLAT REVIEW PROCESS.
(A) The subdivider/developer
shall submit all supplementary materials required under this subchapter, §§
151.260 et seq. and 151.275 et seq. and a completed application
form to the Planning Department at least 30 working days prior to the next
scheduled Planning Board meeting at which it can be reviewed. A fee shall be charged upon submission of the
preliminary plat application, as specified in the adopted fee schedule of the
county.
(B) The subdivider/developer
or his or her agent must attend the Planning Board and all subsequent Board
meetings for presentation of the application to the appropriate boards and to
answer any questions by Board members and others.
(C) The Planning Board shall discuss with the subdivider/developer or his or her agent changes deemed
advisable, if any, and the kind and extent of improvements to be made by him or
her.
(D) Upon hearing all remarks and recommendations by
the subdivider/developer or his or her agent, county
staff and technical review staff, the Planning Board shall recommend approval,
approve conditionally, disapprove or table the application.
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(E) Within 60 days from the date of its first
review of the preliminary plat, the Planning Board will forward the plat along
with its recommendations, including any conditions or modifications, to the
Board of Commissioners. Failure to
forward the plat within the allotted time shall have the same effect as a
recommendation for approval.
(F) During the second regularly scheduled monthly
meeting of the Board of Commissioners following recommendation by the Planning
Board, the Board of Commissioners will hear any and all remarks presented by
the subdivider/developer, staff comments and
recommendations, technical staff comments and others. The Board of Commissioners may approve,
approve conditionally, disapprove or table the application.
(G) If the preliminary plat is approved or approved
conditionally, it shall be noted on two copies of the plat by the Board of
Commissioners' Chairperson or his or her designee. One copy shall be returned to the subdivider/developer and one copy shall be retained by the
Planning Department. If the preliminary
plat is disapproved, the Board of Commissioners' Chairperson or his or her
designee shall specify the reasons for the action in writing. One copy will then be attached and forwarded
to the subdivider/developer and one copy will be
retained by the Planning Department.
(H) (1) Upon
receiving approval of the preliminary plat by the Board of Commissioners, the subdivider will receive a construction permit/letter from
the Planning Department. Construction
permits/letters must be issued prior to any land disturbing activities
commencing on the development.
Construction permits/letters can be obtained when all required permits
have been obtained by the
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subdivider, reviewed by
the Administrator and meets or exceeds all requirements of this chapter. Failure to obtain the construction permit/letter
prior to any land disturbing activities may be cause for revocation of
preliminary plat approval by the Board of Commissioners.
(2) If the proposed plans substantially change, at
the direction of the Administrator, modifications shall be reviewed by the
Planning Board and Board of Commissioners, as a regular agenda item, unless
determined to be and handled as a new application, which shall require a public
hearing.
(I) Upon approval of the preliminary plat by the
Board of Commissioners, the subdivider may proceed
with the preparation of the final plat and the installation of or arrangement
for required improvements in accordance with the approved preliminary plat and
the requirements of this subchapter, §§ 151.260 et seq. and 151.275 et
seq. Prior to approval of a final
plat, the subdivider shall have installed the
improvements in accordance with the approved preliminary plat and the
requirements of this chapter or guaranteed their installation as provided in §
151.243.
(J) Except when specifically provided for in the
approval of a plan for completing the development in phases as per § 151.511,
preliminary plat approval will remain valid for two years following approval by
the Board of Commissioners, after which it is null and void unless granted a written
extension by the Board of Commissioners for a period not to exceed one
year. The Board of Commissioners shall
grant no more than one extension for a preliminary plat, or any phase thereof. No extension may be granted unless applied
for before preliminary plat approval has expired.
(K) Preliminary plat approval shall in no way be
construed as constituting an official action of approval for recording of the
subdivision as required by this subchapter, §§ 151.260 et seq. and
151.275 et seq.
(Ord. passed
Statutory
reference:
Plats,
subdivisions, and mapping requirements, see G.S. § 47‑30
§ 151.239 FINAL PLAT PROCEDURES.
(A) No final plat will be accepted for review by
the Planning Board unless accompanied by written notice by the Administrator
acknowledging compliance with § 151.237.
(B) The final plat shall constitute only that
portion of the preliminary plat which the subdivider
proposes to record and develop at this time.
The portion shall conform to all requirements of this chapter. No final plat shall be approved unless and
until the subdivider shall have installed in that
area represented on the final plat all improvements required by this chapter or
shall have guaranteed their installation, as provided in § 151.243.
(C) The subdivider shall
submit the final plat to the Administrator not less than 20 working days prior
to the regular Planning Board meeting at which it will be considered. Further, the plat shall be
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submitted not
more than two years after the date on which the preliminary plat was approved,
otherwise the approval shall be null and void unless a written extension of
this time limit is granted by the Board of Commissioners on or before the
two-year anniversary of the approval.
(D) The final plat shall be prepared by a surveyor
licensed and registered to practice in the state. The final plat shall
substantially conform to the provisions for plats, subdivisions and mapping
requirements, as set forth in G.S. § 47‑30, Plats and Subdivisions;
Mapping Requirements, as amended.
(E) Final plats shall be of a size suitable for
recording with the
(F) Submission of the final plat shall be
accompanied by a filing fee as specified in the adopted fee schedule of the
county.
(Ord. passed
§ 151.240 FINAL PLAT REVIEW PROCESS.
(A) The subdivider/developer
shall submit all supplementary materials required under this subchapter, §§
151.260 through 151.263 and 151.275 through 151.278 and a completed application
form to the Planning Department at least 20 working days prior to the Planning
Board meeting at which it is to be heard.
(B) The subdivider/developer
or his or her agent must attend the Planning Board and all subsequent Board
meetings for presentation of the application to the Board and to answer any
questions by Board members and others.
(C) Upon hearing all remarks and recommendations
by the subdivider/developer or his or her agent,
county staff and technical review staff, as needed, the Planning Board, shall
approve, approve conditionally, disapprove or table the application. The Planning Board shall act on final plats
in lieu of the Board of Commissioners, in accordance with G.S. § 153A‑332.
(D) (1) If
the final plat is approved or approved conditionally, it shall be noted on two
copies of the plat by the Board of Commissioners' Chairperson or his or her
designee. One copy shall be returned to
the subdivider/developer and one copy shall be
retained by the Planning Department. If
the final plat is disapproved, the Board of Commissioners' Chairperson or his
or her designee shall specify the reasons for the action in writing.
(2) One copy will then be attached and forwarded
to the subdivider and developer and one copy will be
retained by the Planning Department.
(Ord. passed
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§ 151.241 PLAT APPROVAL NOT ACCEPTANCE OF DEDICATION
OFFERS.
(A) Approval of a plat does not constitute
acceptance by the county or other public agency of the offer of dedication of
any streets, sidewalks, parks or other public facilities shown on a plat.
(B) However, the county or other public agency
may, to the extent of its statutory authority, accept the offer of dedication
by resolution of the governing body or by actually exercising control over and
maintaining the facilities.
(Ord. passed
§ 151.242 PROTECTION AGAINST DEFECTS.
(A) Whenever, pursuant to § 151.245, occupancy, use
or sale is allowed before the completion of all facilities or improvements
intended for dedication, then the letter of credit or the surety that is
posted, pursuant to § 151.245, shall guarantee that any defects in the
improvements or facilities that appear within one year after the dedication of
the facilities or improvements is accepted or within 18 months after the
facilities are completed, whichever occurs first, shall be corrected by the
developer. For purposes of this section,
the Administrator shall determine the date of completion of the facilities.
(B) Whenever all public facilities or improvements
intended for dedication are installed before occupancy, use or sale is
authorized, then the developer shall post a letter of credit or other
sufficient surety guarantee that he or she will correct all defects in the
facilities or improvements that occur within one year after the offer of
dedication of the facilities or improvements is accepted or within 18 months
after the completion of the facilities, whichever occurs first. For purposes of this section, the
Administrator shall determine the completion date of the facilities.
(C) An architect or engineer retained by the
developer shall certify to the county that all improvements have been
constructed in accordance with the requirements of this chapter. This certification shall be a condition
precedent to acceptance by the county of the offer of dedication of the
facilities or improvements.
(D) For the purpose of this section, the following
definition shall apply unless the context clearly indicates or requires a
different meaning.
DEFECTS.
(a) Any condition in facilities or improvements
offered for public dedication that requires the county or other public
authority to make repairs in the facilities over and above the normal amount of
maintenance that they would require.
138
(b) If the defects appear, the guaranty may be
enforced regardless of whether the facilities or improvements were constructed
in accordance with the requirements of this chapter.
(Ord. passed
§ 151.243 MAINTENANCE OF DEDICATED AREAS UNTIL
ACCEPTANCE.
(A) All facilities and improvements with respect to
which the owner makes an offer of dedication to public use shall be maintained
by the owner until the offer of dedication is accepted by the appropriate
public authority.
(B) The developer of any development containing
streets intended for public dedication shall post a letter of credit or other
sufficient surety to guarantee that the streets will be properly maintained
until the offer of dedication is accepted by the State Department of
Transportation.
(1) This maintenance guarantee may be combined
with any provided under § 151.243.
(2) The amount of the security shall generally
constitute 15% of the cost of the improvements. The developer shall provide
information sufficient to determine the cost of the improvements.
(C) The Board may relieve the developer of the
requirements of this section if it determines that a property owner’s
association has been established for the development and that this association
has assumed and is capable of performing the obligations set forth in division
(A) above.
(Ord. passed
§ 151.244 ACCEPTABLE BOND TERMS AND METHODS.
The following
types of bonds/guarantees will be acceptable to the Board for the purpose of
satisfying maintenance (generally 15%) and performance guarantees (generally
115%) prior to recording of the final plat:
(A) Surety bonds by a licensed surety bond company;
(B) Irrevocable letters of credit, on forms
approved by the County Attorney with a banking institution insured by the FDIC
or some other reputable banking institution; and
(C) Cash bond with the Finance Officer named as
trustee.
(Ord. passed
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§ 151.245 AUTHORIZATION TO FILE.
(A) Upon approval of the final plat the subdivider shall have authorization to file the plat with
the Register of Deeds.
(B) Approval shall be null and void for any plat
not recorded within 90 days.
(Ord. passed
§ 151.246 REPLATTING OR RESUBDIVISION OF LAND.
(A) For any replatting or
resubdivision of land, the same procedures, rules and
regulations contained in § 151.231 shall apply as prescribed for an original
subdivision.
(B) (1)
(2) No lot or tract shall be created or sold that
is smaller than the size shown on the approved plat.
(3) Drainage easements shall not be changed;
rights‑of‑way shall not be changed.
(4) Street alignment and block sizes shall not be
changed.
(5) The rear portion of the lots shall not be
subdivided from the front part.
(6) The character of the area shall be maintained.
(Ord. passed
MINOR
SUBDIVISION REQUIREMENTS; REVIEW AND APPROVAL PROCESS
§ 151.260 ABBREVIATED PROCEDURE FOR MINOR SUBDIVISIONS.
(A) The abbreviated procedure affords the sale of
lots and/or tracts of land which qualify as subdivisions under the definition in
the state statutes, but which have less impact on the county than would a
subdivision which is larger or requires more extensive improvements.
(B) Subdivisions of land which involve no street
right‑of‑way dedication, possible utility extension and where five
or fewer lots, including the residual parcel, if any, result after the
subdivision is completed require submission of a final plat in accordance with
the contents requirements in § 151.261.
A minor subdivision involving the creation of only one lot (including
any residual) may be approved by
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zoning permit so
long as another lot (or lots) is not created on the original property within
five years. If one or more additional lots are proposed to be created on the
original property within five years of recording the lot that was authorized by
zoning permit, then any further lot or lots must be approved by special use
permit.
(C) The abbreviated procedure may not be used on
the same parcel a second time on the same parcel of land within five years on
any contiguous property within 1,500 feet when measured from the original
property boundaries, those in effect on the adoption date of this chapter, to
the proposed newly created lot lines and rights-of-ways.
(D) A soil evaluation from the County Health
Department (Albemarle Regional Health Services), which states that on-site
wastewater treatment systems may be used of each parcel, must be obtained prior
to approval of the minor subdivision plat.
This requirement shall not apply when the applicant can demonstrate in
writing that the parcel(s) will be served by a public sewer system.
(E) Plats of minor subdivisions may be approved by
the Administrator; however, the Administrator may submit the plat to the
technical staff for review prior to approval.
The subdivider shall submit one signed Mylar
(18-inch x 24-inch) and five copies of the surveyed plat to the Administrator
who shall review the information for compliance with the standards of review of
subdivisions. Where one tract of two
acres or more is divided so as to create not more than two lots the subdivider shall only be required to submit five, 8½‑inch
x 14‑inch copies of a plat provided that all requirements regarding
contents of the plat are satisfied. One
approved copy will be returned to the subdivider and
must be recorded with any deed transferring a lot shown on the plat.
(F) A minor subdivision plat shall be prepared by
a surveyor, licensed and registered to practice in the state. The plat shall be drawn at a scale not to
exceed one inch equals 100 feet.
(G) No minor subdivision may be recorded until all
required improvements have been installed and inspected by the Administrator.
(H) No minor subdivision may be recorded until
written confirmation has been received by the administrator that the plat has
been received by the United States Postal postmaster for the area encompassing
the subdivision and the comments have been considered by the applicant.
(Ord. passed
§ 151.261 DESIGN STANDARDS.
All minor
subdivision plats shall be designed to meet the following requirements.
(A) Streets and roads. All lots shall meet or exceed minimum lot
width on a state maintained street.
(B) Wetlands. Where any lot or site includes an area of
CAMA wetland as determined by on‑site evaluation of the Division of
Coastal Management Staff, the wetland area may not be counted as part
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of the minimum
square footage required of any lot for development and shall be shown on the
plat. All 404 wetlands must be
delineated and approved by U.S. Army Corps of Engineers and a statement entered
on the plat stating the existence of 404 wetlands on the property. Minimum lot area can include 404 wetland
areas.
(C) Soils.
No lot requiring over 24 inches of fill to attain required separation
from seasonal high water table for on‑site septic system shall be
developed or used for building purposes.
(D) Zoning.
All lots will conform to the requirements of this chapter especially as
to dimension of lots.
(E) Water.
All applicants for a minor subdivision must connect each newly created
lot to a public water supply system if any boundary of a newly created lot is
located within 1,000 feet of a public water supply system. All water lines and related improvements
shall be constructed pursuant to state and local laws and approved by the
Administrator. This requirement shall
not apply if the applicant provides a written statement signed by an official
of each public water supply system in the county that the public water supply
system does not plan to provide water service to the property within five years
of the date of the minor subdivision application.
(Ord. passed
§ 151.262 CONTENTS.
(A) A minor subdivision plat shall depict or
contain the following:
(1) Title information, including the name of the
subdivision, the owner of the property, the township where the property is
located, name and address of the preparer and vicinity map showing location to
principal roads;
(2) Existing information, including boundaries of
the tract to be subdivided, together with bearings and distances; location of
property lines, streets, structures, water courses, railroads, utility
transmission lines and structures, water lines, bridges, culverts, storm
drainage pipes, easements within the tract to be subdivided and within 50 feet
of the property line and ownership of adjoining land;
(3) Natural features, including the location of
wooded areas, swamps, wetlands and water bodies, including streams, sounds and
the like; (Soil types and contour
intervals of two feet may be required at the discretion of the Administrator. Flood zone designations, as depicted on flood
insurance rate maps, must be shown on the plat.)
(4) Development information, including proposed
natural buffers, location(s) of existing cemeteries, pedestrian, bicycle and
other rights‑of‑way and other easements, their location, width and
purpose; layout of lot arrangements, including lot lines, lot dimensions;
square footage; and lot and block numbers; layout of proposed utilities (sewer,
water, drainage, gas, electricity, telephone) showing
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connection to
existing systems or easements reserved for proposed or potential systems; (Where a development concept is approved
which requires zero lot line development, alternative easements may be
considered.)
(5) Site data, including acreage in total number
of lots and average lots sizes and any proposed modifications to topography;
and
(6) A statement certifying the following shall
appear on all minor subdivisions.
The
residual parcel(s), if any, meet or exceed the minimum lot size as specified
within the
Date Surveyor
(B) The following certifications are required on
each plat:
(1) Certificate of Approval.
I
hereby certify that the Minor Subdivision shown on this plat does not involve
the creation of new public streets or any change in existing public streets,
that the subdivision shown is in all respects in compliance with the Camden
County Unified Development Ordinance and that therefore this plat has been
approved by the Camden County Administrator subject to its being recorded in
the Office of the Camden County Register of Deeds within thirty (30) days of
the date below.
Date Administrator
(2) Certificate of Ownership and Rededication.
I
hereby certify that I am the owner of the property described hereon, which
property is located within the subdivision regulation jurisdiction of Camden
County, that I hereby freely adopt this plat of subdivision and dedicate to
public use all areas shown on this plat as streets, alleys, walks, parks, open
space and easements, except those specifically indicated as private and that I
will maintain all such areas until the offer of dedication is accepted by the
appropriate public authority. All property shown on this plat as dedicated for
a public use shall be deemed to be dedicated for any other public use
authorized by law when such use is approved by the appropriate public authority
in the public interest.
Date Owner
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(3) Certificate of Survey and Accuracy.
I,
, certify that this plat was drawn under my
supervision from an actual survey made under my supervision (deed description
recorded in Book , Page ,(other); that the boundaries not surveyed are
clearly indicated as drawn from information found in Book , Page ; that the ratio of precision as calculated is
; that this plat was prepared in accordance
with G.S. § 47‑30, as amended.
Witness my original signature, registration number and seal this day of , .
(Seal
or Stamp)
Surveyor Registration
Number
(a) The plat must contain a certificate prepared
by the surveyor and shown on the plat attesting to one of the following
statements:
1. The survey creates a subdivision of land
within the area of a county that has an ordinance that regulates parcels of
land;
2. The survey is located in a portion of the
county that is unregulated as to an ordinance that regulates parcels of land;
3. Any one of the following:
a. The survey is of an existing parcel or
parcels of land and does not create a new street or change an existing street;
b. The survey is of an existing building, other
structure or natural feature, such as a watercourse; or
c. The survey is a control survey.
4. The survey is of another category, such as
the recombination of existing parcels, a court‑ordered survey or other
exception to a definition of subdivision; and
5. The information available to the surveyor is
such that the surveyor is unable to make a determination to the best of the
surveyor's professional ability as to provisions contained in divisions
(B)(3)(a)1. through 4. above.
(b) However, if the plat contains the certificate
of a surveyor as stated in divisions (B)(3)(a)1., 4. and 5. above, then the
plat shall have, in addition to the surveyor's certificate, a certificate of
approval from the review officer before the plat may be presented to the
Register of Deeds for recordation.
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(c) If the plat contains the certificate of the
surveyor as stated herein above, nothing shall prevent the recordation of the
plat if all other provisions have been met.
(4) Certificate of Review Officer.
State
of
I,
, Review Officer of
Review
Officer Date
(C) If any portion of the property to be
subdivided lies within a floodplain or floodway, the plat must show the
boundary of the floodway or floodplain and contain in clearly discernable print
the statement, “Use of land within a floodway or floodplain is substantially
restricted by the Camden County Code.”
(D) If the minor subdivision is required to provide
a connection to a public water supply system, then the plat shall contain the
following statement: “The developer is
required to install all water lines and related improvements.”
(Ord. passed
§ 151.263 MINOR SUBDIVISION APPROVAL.
(A) The Administrator shall approve or disapprove
minor subdivision final plats in accordance with the provisions of this
chapter.
(B) (1) The
applicant for minor subdivision plat approval may submit a sketch plat to the
Administrator for a determination of whether the approval process authorized by
this subchapter, §§ 151.230 et seq. and 151.275 et seq. can
be and should be utilized.
(2) The Administrator may require the applicant to
submit whatever information is necessary to make this determination, including,
but not limited to a copy of the tax map showing the land being subdivided.
(C) (1) The
Administrator shall take expeditious action on an application for minor
subdivision plat approval, as provided herein.
(2) However, either the Administrator or the
applicant may, at any time, refer the application to the major subdivision
approval process.
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(D) (1) Not
more than a total of five lots, including a residual lot, may be created out of
one tract using the minor subdivision plat approval process, regardless of
whether or not the lots are created at one time.
(2) For the purpose of this section, the following
definition shall apply unless the context clearly indicates or requires a
different meaning.
TRACT. A separate tract in existence on the
effective date of this chapter.
(E) The Administrator shall approve the proposed
subdivision unless the subdivision is not a minor subdivision or the proposed
subdivision fails to comply with division (D) above or any other applicable
requirement of this chapter.
(F) At the discretion of the Administrator, minor
subdivisions may be reviewed by other agencies and officials.
(G) If the subdivision is disapproved, the
Administrator shall promptly furnish the applicant with a written statement,
when requested, of the reasons for disapproval.
(H) (1) Approval
of any plat is contingent upon the plat being recorded within 30 days after the
date the certificate of approval is signed by the Administrator.
(2) If a plat is not recorded within the 30-day
period it shall become null and void.
(Ord. passed
PRIVATE ACCESS
SUBDIVISION REQUIREMENTS; REVIEW AND APPROVAL PROCESS
§ 151.275 ABBREVIATED PROCEDURE FOR PRIVATE ACCESS
SUBDIVISIONS.
(A) The abbreviated procedure affords the sale of
lots and/or tracts of land which qualify as subdivisions under the definition
in the state statutes, but which have less impact on the county than would a
subdivision which is larger or requires more extensive improvements.
(B) Subdivisions of land which involve street
right‑of‑way dedication, possible utility extension and where five
or fewer lots, including the residual parcel, if any, result after the
subdivision is completed require submission of a final plat in accordance with
§ 151.276. A private access subdivision
involving the creation of only one lot (including any residual) may be approved
by zoning permit so long as another lot (or lots) is not created on the
original property within five years. If
one or more additional lots are proposed to be created on the original property
within five years of recording the lot that was authorized by zoning permit,
then any further lot or lots must be approved by special use permit.
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(C) A subdivider will be
allowed to add‑on a lot or lots anytime provided the total lots
subdivided does not exceed the number allowed by this subchapter, §§ 151.230
through 151.246 and 151.260 through 151.263 and the right‑of‑way
and road is sufficiently upgraded to meet minimum standards.
(D) This procedure may not be used a second time
within five years on any contiguous property within 1,500 feet when measured
from the original property boundaries, those in effect on the effective date of
this chapter, to the proposed newly created lots and right‑of‑way.
(E) A soil evaluation from the County Health
Department (Albemarle Regional Health Services), which states that on-site
wastewater treatment systems may be used of each parcel, must be obtained prior
to approval of the private access subdivision plat. This requirement shall not apply when the
applicant can demonstrate in writing that the parcel(s) will be served by a
public sewer system.
(F) Plats of private access subdivisions of five
lots or less, including the residual, may be approved by the Administrator;
however, the Administrator may submit the plat to the technical staff for
review prior to approval. The subdivider shall submit one signed Mylar (18 inches x 24
inches) and five copies of the surveyed plat to the Administrator who shall
review the information for compliance with the standards of review of
subdivisions. Where one tract of two
acres or more is divided so as to create not more than two lots, the subdivider shall only be required to submit five, 8½‑inch
by 14‑inch copies of a plat, provided that all requirements regarding
contents of the plat are satisfied. One
approved copy will be returned to the subdivider and
must be recorded with any deed transferring a lot shown on the plat.
(G) A private access subdivision plat shall be
prepared by a surveyor, licensed and registered to practice in the state. The plat shall be drawn at a scale not to
exceed 1 inch equals 100 feet.
(H) Lots having a minimum lot width of 30 feet on a
state maintained road or subdivision street meeting state standards for design
and construction may be created provided all standards within this subchapter,
§§ 151.230 through 151.246, and 151.260 through 151.263 are met.
(I) No minor subdivision may be recorded until
all required improvements have been installed and inspected by the
Administrator.
(J) No private access subdivision may be recorded
until written confirmation has been received by the Administrator that the plat
has been reviewed by the United States Postal postmaster for the area
encompassing the subdivision and the comments have been considered by the
applicant.
(Ord. passed
§ 151.276 DESIGN STANDARDS.
All private
access subdivision plats shall be designed to meet the following requirements.
(A) Streets and roads.
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(1) All lots shall have minimum lot width on state
maintained or improved subdivision streets as specified in this chapter.
(2) On or after
(3) The purpose of this restriction is to ensure
that the private right‑of‑way is paved and otherwise improved to
NCDOT standards.
(B) Wetlands. Where any lot or site includes an area of
CAMA wetland, as determined by on‑site evaluation of the Division of
Coastal Management Staff, the wetland area may not be counted as part of the
minimum square footage required of any lot for development and shall be shown
on the plat. All 404 wetlands must be
delineated and approved by U.S. Army Corps of Engineers and a statement entered
on the plat stating the existence of 404 wetlands on the property. Minimum lot area can include 404 wetland
areas.
(C) Soils.
No lot requiring over 24 inches of fill to attain required separation
from seasonal high water table for on‑site septic system shall be
developed or used for building purposes.
(D) Zoning.
All lots will conform to the requirements of this chapter especially as
to dimension of lots.
(E) Single ownership. The original parcel is in single ownership
and has frontage on a state maintained road or subdivision street meeting state
standards for design and construction.
Any lot not meeting the minimum lot width requirements of §§ 151.060
through 151.068 will be allowed to utilize the private access subdivision
process provided all other requirements of this chapter can be met.
(F) Right-of-way. The right‑of‑way serving the lots
must have a graded and drained surface stabilized with a minimum of three
inches of all weather base (aggregate) materials. Subdivisions of three or less lots must
install a drive with a minimum width of ten feet using any type of surface
material, aggregate, clay, gravel, crushed shells and the like, which will
adequately service properties in all weather conditions and which is properly
graded and drained. Furthermore, a 35-foot
unimproved radius area must remain free of septic systems, buildings and the
like in order to accommodate the turning around of vehicles. Subdivisions of four or more lots are to have
a minimum three-foot aggregate all weather base (crush and run) at least 18
feet in width, and a 35-foot improved turning radius is required. The county may require preliminary and final
approval procedure, as for major subdivisions, where new work on the right‑of‑way
would be required.
(G) Single service. No single right‑of‑way may serve
more than one private access subdivision.
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(H) Multiple service. No single right‑of‑way may serve
more than five lots, including any residual parcels, regardless of size. When possible a 45-foot right‑of‑way
shall be given, but in no case will less than a 30-foot right‑of‑way
be permitted.
(I) Signs.
(1) Proposed streets which are obviously in
alignment with existing streets shall be given the same name. In assigning new names, duplication of
existing names shall be avoided and in no case shall the proposed name be
phonetically similar to existing names irrespective of the use of a suffix such
as street, road, drive, place, court and the like. Street names shall be subject to the approval
of the Planning Department. The subdivider shall be required to provide, erect and arrange
for maintenance of street signs of a legible and durable construction. At least two street name signs shall be
placed at each four‑way street intersection and at least one at each “T”
intersection. Signs shall be installed
free of visual obstruction. Street name
signs shall conform to county and State Department of Transportation standards.
(2) Traffic-control signs, and signals if deemed
necessary by the State Department of Transportation, shall be erected and
maintained by the developer at each street intersection within the subdivision
and at each intersection of a subdivision street and a state maintained road or
access road. Signs shall comply with county and the Department of
Transportation regulations with regards to size, shape, color, location and
information contained thereon. At least
two or more traffic-control signs shall be placed at each four‑way street
intersection and at least one at each “T” intersection. Signs shall be installed free of visual
obstruction.
(J) Water.
All applicants for a minor subdivision must connect each newly created
lot to a public water supply system if any boundary of a newly created lot is
located within 1,000 feet of a public water supply system. All water lines and related improvements
shall be constructed pursuant to state and local laws and approved by the
Administrator. This requirement shall
not apply if the applicant provides a written statement signed by an official
of each public water supply system in the county that the public water supply
system does not plan to provide water service to the property within five years
of the date of the minor subdivision application.
(Ord. passed
§ 151.277 CONTENTS.
(A) A private access subdivision plat shall depict
or contain the following:
(1) Title information: including the name of the
subdivision, the owner of the property, the township where the property is
located, name and address of the preparer and vicinity map showing location to
principal roads;
(2) Existing information: boundaries of the tract
to be subdivided, together with bearings and distances; location of property
lines, streets, structures, water courses, railroads, utility transmission
2003 S‑2
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lines and
structures, water lines, bridges, culverts, storm drainage pipes and easements
within the tract to be subdivided and within 50 feet of the property line and
ownership of adjoining land;
(3) Natural features: the location of wooded
areas, swamps, wetlands and water bodies (streams, sounds and the like). Soil types and contour intervals of two feet
may be required at the discretion of the Administrator. Flood zone designations, as depicted on
“Flood Insurance Rate Maps,” must be shown on the plat;
(4) Development information: proposed natural
buffers, location(s) of existing cemeteries, pedestrian, bicycle and other
rights‑of‑way and other easements, their location, width and purpose. Layout of lot arrangements, including lot
lines, lot dimensions, square footage and lot and block numbers. Layout of proposed utilities (sewer, water,
drainage, gas, electricity, telephone) showing connection to existing systems
or easements reserved for proposed or potential systems. Where a development concept is approved which
requires zero lot line development, alternative easements may be
considered. Site data: acreage in total
number of lots and average lot sizes.
Any proposed modifications to topography;
(5) A statement certifying the following shall
appear on all private access subdivisions:
The
residual parcel(s), if any, meet or exceed the minimum lot size as specified
within the
Date Surveyor
(B) The following certifications are required on
each plat:
(1) Certificate of Approval.
I
hereby certify that the Private Access Subdivision shown on this plat does
involve the creation of new streets but no change in existing public streets,
that the subdivision shown is in all respects in compliance with the Camden
County Unified Development Ordinance and that therefore this plat has been
approved by the Camden County Administrator subject to its being recorded in
the Office of the Camden County Register of Deeds within thirty (30) days of
the date below.
Date Administrator
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(2) Certificate of Ownership and Dedication.
I
hereby certify that I am the owner of the property described hereon, which property
is located within the subdivision regulation jurisdiction of Camden County,
that I hereby freely adopt this plat of subdivision and dedicate to public use
all areas shown on this plat as streets, alleys, walks, parks, open space and
easements, except those specifically indicated as private and that I will
maintain all such areas until the offer of dedication is accepted by the
appropriate public authority. All property shown on this plat as dedicated for
a public use shall be deemed to be dedicated for any other public use
authorized by law when such use is approved by the appropriate public authority
in the public interest.
Date Owner
I,
,
a notary public of County, North Carolina, do hereby certify that
personally appeared before me this date and
acknowledged the due execution of the foregoing certificate.
Witness
my hand and official seal this day of , 20 .
Notary
Public
My
commission expires
(3) Certificate of Survey and Accuracy.
I,
, certify that this plat was drawn under my
supervision from an actual survey made under my supervision (deed description
recorded in Book , Page , etc.) (other); that the boundaries not
surveyed are clearly indicated as drawn from information found in Book , Page ; that the ratio of precision as calculated is
1: ; that this plat was prepared in accordance
with G.S. § 47‑30, as amended.
Witness my original signature, registration number and seal this day of , , AD.
(Seal
or Stamp)
Surveyor
Registration
Number
(a) The plat must contain a certificate prepared
by the surveyor and shown on the plat attesting to one of the following
statements:
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1. The survey creates a subdivision of land within
the area of a county that has an ordinance that regulates parcels of land;
2. The survey is located in a portion of the
county that is unregulated as to an ordinance that regulates parcels of land;
3. Any one of the following:
a. The survey is of an existing parcel or
parcels of land and does not create a new street or change an existing street;
b. The survey is of an existing building, other
structure or natural feature, such as a watercourse; or
c. The survey is a control survey.
4. The survey is of another category, such as
the recombination of existing parcels, a court‑ordered survey or other
exception to a definition of subdivision; and
5. The information available to the surveyor is
such that the surveyor is unable to make a determination to the best of the
surveyor's professional ability as to provisions contained in division
(B)(3)(a)1. through 4. above.
(b) However, if the plat contains the certificate
of a surveyor as stated in division (B)(3)(a)1., 4. and 5. above, then the plat
shall have, in addition to the surveyor's certificate, a certificate of
approval from the review officer before the plat may be presented to the
Register of Deeds for recordation.
(c) If the plat contains the certificate of the
surveyor as stated herein above, nothing shall prevent the recordation of the
plat if all other provisions have been met.
(4) Certificate of Review Officer.
State
of
I,
, Review Officer of
Review
Officer Date
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(C) A disclosure statement must be entered on the
plat indicating that “Further subdivision of any lot shown on this plat as
served by a road or street may be prohibited by the Camden County Unified
Development Ordinance unless the roads or streets shown on this plat are
improved to state standards. These roads
do not meet state standards for assumption of maintenance due to inadequate ROW
and/or construction or lack of public dedication. It is not the function of county government
in the State of
(D) If any portion of the property to be subdivided
lies within a floodplain or floodway, the plat must show the boundary of the
floodway or floodplain and contain in clearly discernable print the statement,
“Use of land within a floodway or floodplain is substantially restricted by the
Camden County Code.”
(E) If the minor subdivision is required to
provide a connection to a public water supply system, then the plat shall
contain the following statement: “The developer is required to install all
water lines and related improvements.”
(Ord. passed
§ 151.278 PRIVATE ACCESS SUBDIVISION PLAT APPROVAL.
(A) The Administrator shall approve or disapprove
minor subdivision final plats in accordance with the provisions of this
chapter.
(B) The applicant for private access plat approval
may submit a sketch plan to the Administrator for a determination of whether
the approval process authorized by this subchapter, §§ 151.230 et seq.
and 151.260 et seq. can be and should be utilized. The Administrator may require the applicant
to submit whatever information is necessary to make this determination,
including, but not limited to a copy of the tax map showing the land being
subdivided.
(C) The Administrator shall take expeditious
action on an application for private access subdivision plat approval as
provided herein. However, either the
Administrator or the applicant may, at any time, refer the application to the
major subdivision approval process.
(D) The Administrator shall approve the proposed
subdivision unless the subdivision is not a private access subdivision or the
proposed subdivision fails to comply with § 151.263(B) or any other applicable
requirement of this chapter.
(E) If the subdivision is disapproved, the
Administrator shall promptly furnish the applicant with a written statement,
when requested, of the reasons for disapproval.
(F) Approval of any plat is contingent upon the
plat being recorded within 30 days after the date the certificate of approval
is signed by the Administrator. If a
plat is not recorded within the 30-day period, it shall become null and void.
(Ord. passed
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COMMON OPEN
SPACE SUBDIVISIONS
§ 151.290 PURPOSE.
(A) The purposes of common open space subdivision
design are to preserve agricultural and forestry lands, natural and cultural
features and rural character that would likely be lost through conventional
development approaches. To accomplish
this goal, greater flexibility and creativity in design of the developments is
encouraged.
(B) Specific objectives are as follows:
(1) To conserve areas of the county with
productive soils for continued agricultural and forestry use by preserving large
blocks of land large enough to allow for efficient operations;
(2) To encourage the maintenance and enhancement
of habitat for various forms of wildlife and to create new woodlands through
natural succession and reforestation where appropriate;
(3) To minimize site disturbance and erosion
though retention of existing vegetation and avoiding development in sensitive
areas;
(4) To conserve open land, including those areas
containing unique and sensitive features such as natural areas and wildlife habitats,
streams and creeks, wetlands and floodways;
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(5) To protect scenic views and elements of the
county's rural character and to minimize perceived density by minimizing views
of new development from existing roads;
(6) To preserve and maintain historic and
archeological site and structures that serve as significant visible reminders
of the county's social and architectural history;
(7) To provide for active and passive recreational
needs of county residents, including implementation of associated county long
range plans;
(8) To provide greater efficiency in the siting of services and infrastructure by reducing road
length, utility runs and the amount of paving for development; and
(9) To create compact neighborhoods accessible to
open space amenities and with a strong community identity.
(Ord. passed
§ 151.291 APPLICABILITY AND
(A) In any single‑family residential
subdivision, a developer may create open space subdivision lots that have or
contain the minimum lot sizes as specified below, subject to Health Department
approval, if the developer complies with the provisions of this subchapter.
(1) 20,000 square feet minimum, if there is no
centralized water or sewer available to all of the lots;
(2) 15,000 square feet minimum, if there is either
centralized water or centralized sewer available to all lots; or
(3) 10,000 square feet minimum, if there is both
centralized water and centralized sewer available to all lots.
(B) The intent of this section is to authorize the
developer to decrease lot sizes and leave the land “saved” by so doing as open
space, thereby lowering development costs and increasing the amenity of the
project without increasing the density beyond what would be permissible if the
land were subdivided into lots using conventional subdivision standards as
provided in §§ 151.060 through 151.068.
(C) For the purpose of this section, the following
definition shall apply unless the context clearly indicates or requires a
different meaning.
OPEN SPACE. Those areas, as defined in §§ 151.195 through
151.200, except that subsurface waste water disposal fields and subsurface
septic tanks, may, at the discretion of the Board of Commissioners, be counted
as open space.
150
(D) All setbacks, building height and lot coverage
standards established in §§ 151.060 through 151.068 for development on lots,
shall apply in common open space subdivisions.
(E) (1) Previously
approved subdivisions having valid sketch plan approval, may, at the discretion
of the Board of Commissioners, request to develop the property in accordance
with the common open space provisions at the density originally approved.
(2) Density bonuses shall not apply to
subdivisions where the number of lots originally approved exceed current county
density requirements.
(Ord. passed
§ 151.292 DETERMINING DENSITY OR YIELD.
(A) Applicants shall estimate the legally permitted
density on the basis of a yield plan.
The yield plan shall consist of conventional lot and street layouts and
must conform to this chapter's conventional development standards governing lot
dimensions, land suitable for development (for example, not including CAMA wetlands), street design and
parking. Although the plans shall be
conceptual in nature and are not intended to involve significant engineering
costs, they must be realistic and not show potential house sites or streets in
areas that would not ordinarily be legally permitted in a conventional layout.
(B) In order to prepare a realistic yield plan,
applicants generally need to first map the primary conservation areas on their
site. Typical yield plans would include,
at minimum, location of wetlands, topographic information from at least a USGS
map and soils suitable for septic systems, as indicated on the county soil
survey published by the USDA Soil Conservation Service or other more detailed
mapping.
(C) On sites not served by public sewerage or a
centralized private sewage treatment facility, soil suitability for individual
septic systems shall be demonstrated.
The planning staff and Health Department shall select 10% of the lots to
be tested in areas considered to be marginal.
Costs for the tests shall be the responsibility of the applicant. If tests on the sample lots pass the soil
test as conducted by the local Health Department, the applicant's other lots
shall also be deemed suitable for septic systems for the purpose of calculating
total lot yield. However, if any of the
sample lots fail, several others of the county's choosing shall be tested until
all the lots in a given sample pass.
(Ord. passed
§ 151.293 DENSITY BONUS AND INCENTIVES FOR DEVELOPING A
COMMON OPEN
SPACE
SUBDIVISION.
(A) Fractional numbers shall be dropped when
determining density bonuses under this section.
Unified
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(B) A density bonus above what the yield plan will
allow of 5% is permissible for subdivisions developing under common open space
standards.
(C) A density bonus shall be allowed when an Open
Space Endowment Fund is established in accordance with the provisions below.
(1) The county may allow a 5% density bonus above
what the yield plan will allow, in addition to the open space density bonus, to
generate additional income to the applicant for the express and sole purpose of
endowing a permanent fund to offset continuing open space and recreation
maintenance costs. Spending from this
Fund should be restricted to expenditure of interest, in order that the
principal may be preserved. Assuming an
annual average interest rate of 5%, the amount designated for the Endowment
Fund shall be at least 20 times the amount to maintain the open space and
recreation. The amount used to determine
the minimum costs of maintaining open space and recreation shall be calculated
at $50 per acre per year for the first 20 acres and $25 per acre per year for
each additional acre over 20. On the
assumption that additional dwellings, over and above the maximum that would
ordinarily be permitted on the site, are net of development costs and represent
true profit, 25% of the net selling price of the lots may be retained by the
developer and the remaining funds shall be donated to the Open Space Endowment
Fund for the preserved lands within the subdivision. This Fund shall be transferred by the
developer to the designated entity with ownership and maintenance
responsibilities such as a Homeowner's Association or a land trust.
(2) Open space land actively being farmed and
remaining under the ownership of the developer and/or farmer, but is protected
from future development by a permanent conservation easement, does not need to
be included when determining the amount of money needed for the Endowment
Fund. In this case, the 5% density bonus
shall be reduced proportionally to the percentage of open space actively being
farmed and remaining under the ownership of the developer and/or farmer. In the event that open space is no longer
farmed and is turned‑over to a land trust or Homeowner’s Association,
then a proportional share of the maximum density bonus that would have
originally been permitted, may be reinstated with additional required endowment
funds being allocated.
(D) Dedication of land for public use, including
trails, active recreation, county utilities, boating access and the like, in
addition to any public land dedication required under other provisions of this
chapter, may be encouraged by the County Commissioners. The density bonus for open space that would
be in addition to the public land dedication that may also be required shall be
computed on the basis of a maximum of one dwelling unit per five acres of
publicly accessible open space or county utility area. The decision whether to accept an applicant's
offer to dedicate open space for public access shall be at the discretion of
the County Commissioners, who shall be guided by the recommendations contained
in any county adopted long range plans.
(E) Streets serving five or fewer homes that are
not intended to be dedicated to NCDOT shall be constructed up to state
standards, but may reduce the paving width to 12 feet with six-inch deep and
four‑foot wide rock shoulder sections on each side of the paving.
152
(F) With approval from the local Health
Department, individual septic systems and drain lines may be located within
common open space provided:
(1) Easements shall be recorded showing the
location of systems within common open space; and
(2) Restrictive covenants shall provide for
access, maintenance and upkeep of systems located in common open space. All septic systems shall be operated in
compliance with state and local regulations.
(Ord. passed
§ 151.294 OWNERSHIP AND MINIMUM PERCENTAGE OF OPEN
SPACE.
(A) Open space may be owned or administered by one
or a combination of the following methods:
(1) Fee simple ownership by a unit of government
or private non‑profit land conservancy; or
(2) Owned by a Homeowner’s Association.
(B) The minimum percentage of land that shall be
designated as permanent open space, not to be further subdivided and protected
through ownership or a conservation easement held by a recognized land trust or
conservancy or protected by covenants under control of a Homeowner’s
Association, shall be as specified below.
(1) A minimum of 50% of the total tract area,
after deducting the following unbuildable land: CAMA
and 404 wetlands (primary conservation areas); lands required for street
rights-of-way (10% of the net tract) and land under permanent easement
prohibiting future development, including easements for drainage, access and
utilities. The above areas shall
generally be designated as undivided open space.
(2) All undivided open space and any lot capable
of further subdivision shall be restricted from further subdivision through a
permanent conservation easement, in a form acceptable to the county and duly
recorded in the
(3) No more than 50% of the minimum required open
space, subject to division (B)(4) below, shall be utilized for active
recreation, excluding golf course developments, in order to preserve a
reasonable proportion of natural areas on the site. Acceptable modifications to natural areas
include: reforestation, pasture or
cropland use or buffer area, landscaping, shoreline protection and wetlands
management. The purposes for which open
space areas are proposed shall be documented by the applicant.
Unified
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(4) A minimum of 2,000 square feet of open space
per dwelling must be designated and improved for active recreation. Determination of suitable improved active
recreation shall be based on: the character of the open space land; the
estimated age and the recreation needs of persons likely to reside in the
development; the costs of installation and maintenance of recreation
facilities; and the proximity to existing recreational areas.
(Ord. passed
§ 151.295 LOCATION OF OPEN SPACE.
(A) Location. The location of open space conserved through
compact residential development shall be consistent with the policies contained
in these provisions and other long range documents adopted by the
(B) Primary conservation areas. The first category consists of CAMA and 404
wetlands and floodways. These
environmentally sensitive resources form the core of the open space that is
required to be protected.
(C) Secondary conservation areas. In addition to the primary conservation
areas, at least 50% of the remaining land, less 10% for roads, shall be
designated and permanently protected.
Secondary conservation areas shall consist of the following: soils
unsuitable for septic systems, as identified by onsite analysis or by using the
USDA Soil Conservation Survey for the county; mature woodlands; significant
wildlife habitat; prime agricultural farmland; historic, archeological and
cultural features listed (or eligible to be listed) on national, state or
county registers or inventories; significant views into and out from the site;
and aquifers and their recharge areas.
Secondary conservation areas, therefore, typically consist of upland
forest, meadows, pastures and farm fields, part of the ecologically-connected
matrix of natural areas significant for wildlife habitat, water quality
protection and other reasons. Although the resource lands listed as potential
secondary conservation areas may comprise more than half of the remaining land
on a development parcel, after primary conservation areas have been deducted,
no applicant shall be required to designate more than 50% of that remaining
land as a secondary conservation area.
Full density credit shall be allowed for land in this category that
would otherwise be buildable under local, state and
federal regulations, so that their development potential is not reduced by this
designation. The density credit may be
applied to other unconstrained parts of the site.
(D) General locational
standards. Subdivisions shall be
designed around both the primary and secondary conservation areas, which
together constitute the total required open space. The design process should therefore commence
with the delineation of all potential open space, after which potential
154
house sites are
located. Following that, access road
alignments are identified, with lot lines being drawn in as the final
step. This four‑step design
process is further described in these regulations.
(1) Both primary and secondary conservation areas
required to preserved for open space shall be placed in undivided preserves,
which may adjoin housing areas that have been designed more compactly to create
larger areas that may be enjoyed equally by all residents of the development.
(2) Undivided open space shall be directly
accessible to the largest practicable number of lots within an open space
development. To achieve this, the
majority of house lots should abut undivided open space in order to provide
direct views and access. Safe and
convenient pedestrian access to the open space from all lots not adjoining the open space shall
be provided, except in the case of farmland, or other resource areas vulnerable
to trampling damage or human disturbance.
Where the undivided open space is designated as separate, non‑contiguous
parcels, no parcel shall consist of less than three acres in area nor have a
length‑to‑width ratio in excess of four to one, except the areas
that are specifically designed as village greens, ballfields,
upland buffers to wetlands, waterbodies or watercourses
or designed as trail links.
(E) Interconnected open space network.
(1) As these policies are implemented, the
protected open space in each new subdivision will eventually adjoin each other,
ultimately forming an inter‑connected network of primary and secondary
conservation areas across the county.
(2) To avoid the issue of the taking of land without compensation, the only elements
of this network that would necessarily be open to the public are those lands
that have been required to be dedicated for public use, never more than that
required else where in these regulations; one acre of land for every 100
lots/units.
(Ord. passed
§ 151.296 EVALUATION CRITERIA.
(A) In evaluating the layout of lots and open
space, the following criteria will be considered by the county as indicating
design appropriate to the site's natural, historic and cultural features, and
meeting the purposes of this chapter.
Diversity and originality in lot layout shall be encouraged to achieve
the best possible relationship between development and conservation areas.
(B) Accordingly, the county shall evaluate
proposals to determine whether the proposed conceptual sketch plan:
(1) Protects and preserves all floodways and
wetlands;
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(2) Preserves and maintains mature woodlands,
existing fields, pastures, meadows and orchards and creates sufficient buffer
areas to minimize conflicts between residential and agricultural uses; (For example, locating houselots
and driveways within wooded areas is generally recommended, with two
exceptions. The first involves
significant wildlife habitat or mature woodlands which raise an equal or
greater preservation concern, as described in divisions (B)(5) and (8) below. The second involves predominantly agricultural
areas, where remnant tree groups provide the only natural areas for wildlife
habitat.)
(3) If development must be located on open fields
or pastures because of greater constraints in all other parts of the site,
dwellings should be sited on the least prime agricultural soils, or in
locations at the far edge of a field, as seen from existing public roads; (Other considerations include whether the
development will be visually buffered
from existing public roads, such as by a planting screen consisting of a
variety of indigenous native trees, shrubs and wildflowers, specifications for
which should be based upon a close examination of the distribution and
frequency of those species found in a typical nearby roadside verge or
hedgerow.)
(4) Maintains or creates an upland buffer of
natural native species vegetation of at least 50 feet in depth adjacent to
wetlands and surface waters, including creeks, streams, springs, lakes and
ponds;
(5) Designs around existing hedgerows and treelines between fields or meadows; (Minimizes impacts on large woodlands,
greater than five acres, especially those containing many mature trees or a
significant wildlife habitat, or those not degraded by invasive vines. However, woodlands in poor condition with
limited management potential can provide suitable locations for residential
development. When any woodland is developed, great care shall be taken to
design all disturbed areas (for buildings, roads, yards, septic disposal fields
and the like) in locations where there are no large trees or obvious wildlife
areas, to the fullest extent that is practicable.)
(6) Leaves scenic views and vistas unblocked or
uninterrupted, particularly as seen from public roadways; (For example, in open agrarian landscapes, a
deep “no‑build, no plant” buffer is recommended along the public roadway
where those views or vistas are prominent or locally significant. In wooded
areas where the sense of enclosure is a feature that should be maintained, a
deep “no‑build, no‑cut” buffer should be respected, to preserve
existing vegetation.)
(7) Avoids siting new
construction on prominent ridges by taking advantage of lower topographic
features;
(8) Protects wildlife habitat areas of species
listed as endangered, threatened or of special concern by the U.S.
Environmental Protection Agency and/or by the State Department of Environment,
Health and Natural Resources;
(9) Designs around and preserves sites of
historic, archaeological or cultural value, and their environs, insofar as
needed to safeguard the character of the feature, including spring houses, barn
foundations, cellar holes, earthworks, burial grounds and the like;
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(10) Protects
rural roadside character and improves public safety and vehicular carrying capacity
by avoiding development fronting onto existing public roads and establishes
buffer zones along the scenic corridor of rural roads with historic buildings,
hedgerows and the like;
(11) Landscapes
common areas (such as community greens), cul‑de‑sac islands and
both sides of new streets with native specie shade trees and flowering shrubs
with high wildlife conservation value;
(12) Provides
active recreational areas in suitable locations offering convenient access by
residents and adequately screened from nearby house lots;
(13) Includes
a pedestrian circulation system designed to assure that pedestrians can walk
safely and easily on the site, between properties and activities or special
features within the neighborhood open space system; and (All roadside footpaths should connect with
off‑road trails, which in turn should link with potential open space on adjoining undeveloped
parcels or with existing open space on adjoining developed parcels, where
applicable.)
(14) Provides
open space that is reasonably contiguous.
For example, fragmentation of open space should be minimized so that
these resource areas are not divided into numerous small parcels located in
various parts of the development. To the
greatest extent practicable, this land shall be designed as a single block with
logical, straightforward boundaries.
Long thin strips of conservation land shall be avoided unless the
conservation feature is linear or unless the configuration is necessary to connect
with other streams or trails. The open
space shall generally abut existing or potential open space land on adjacent
parcels and shall be designed as part of larger contiguous and integrated
greenway systems.
(Ord. passed
§ 151.297 SITE PLANNING PROCEDURES FOR OPEN SPACE SUBDIVISIONS.
(A) The pre‑application meeting, sketch plan,
preliminary plat and final plat process as established in §§ 151.230 through
151.246, 151.260 through 151.263 and 151.275 through 151.278 shall be followed.
(B) The yield plan shall be submitted prior to
submittal of the sketch plan, preferably at the pre‑application
conference, in order to determine permissible density.
(C) Existing features (site analysis) plans
analyzing each site's special features is required at the sketch plan stage for
all proposed subdivisions, as they form the basis of the design process for
greenway lands, house locations, street alignments and lot lines. Detailed requirements for existing features
plans at the minimum must include:
(1) A contour map based at least upon topographical
maps published by the U.S. Geological Survey;
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(2) The location of severely constraining elements
such as wetlands, watercourses, intermittent streams and floodways and all
rights‑of‑way and easements;
(3) Soil boundaries as shown on USDA Soil
Conservation Service medium‑intensity maps; and
(4) The location of significant features such as
woodlands, treelines, open fields or meadows, scenic
views into or out from the property, watershed divides and drainage ways, and
existing structures, location(s) of existing cemeteries, roads, tracks and
trails, significant wildlife habitat, prime agricultural farmland, historic, archeological and
cultural features listed (or eligible to be listed) on national, state or
county registers or inventories and aquifers and their recharge areas.
(D) (1) These
existing features (site analysis) plans shall identify both primary
conservation areas (floodways and wetlands) and secondary conservation areas,
as described in § 151.295.
(2) Together, these primary and secondary
conservation areas comprise the development's proposed open space, the location
of which shall be consistent with the locational
design criteria listed in these regulations.
(3) The existing features (site analysis) plan
shall form the basis for the conceptual sketch plan, which shall show the
tentative location of houses, streets, lot lines and greenway lands in new
subdivisions, according to the four‑step design process described below.
(E) Each sketch plan shall follow a four‑step
design process as described below. When
the conceptual sketch plan is submitted, applicants shall be prepared to
demonstrate to the county that these four design steps were followed by their
site designers in determining the layout of their proposed streets, house lots
and greenway lands.
(1) Designating the open space. During the first step all potential
conservation areas, both primary and secondary, are identified, using the
existing features (site analysis) plan.
Primary conservation areas shall consist of wetlands and floodways. Secondary conservation areas shall comprise
50% of the remaining land and shall include the most sensitive and noteworthy
natural, scenic and cultural resources on that remaining half of the property.
(2) Location of house sites. During the second step, potential house sites
are tentatively located. Because the
proposed location of houses within each lot represents a significant decision
with potential impacts on the ability of the development to meet the 14
evaluation criteria contained in § 151.296, subdivision applicants shall
identify tentative house sites on the conceptual sketch plan and proposed house
sites on the detailed final plan. House
sites should generally be located not closer than 50 feet from primary
conservation areas.
(3) Street and lot layout. The third step consists of aligning proposed
streets to provide vehicular access to each house in the most reasonable and
economical way. When lots and access
streets are laid out, they shall be located in a way that avoids or at least
minimizes adverse impacts on both the
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primary and secondary conservation areas. To the greatest extent practicable, wetland
crossings shall be strongly discouraged.
Street connections shall generally be encouraged to minimize the number
of new cul‑de‑sacs to be maintained by the state and Homeowner’s
Associations and to facilitate easy access to and from homes in different parts
of the property (and on adjoining parcels).
Where cul‑de‑sacs are necessary, those serving five or fewer
homes may be designed with “T” intersections facilitating three‑point
turns. Cul‑de‑sacs shall
generally be designed with a central island containing indigenous trees and
shrubs, either conserved on-site or planted.
The county generally encourages lots on one side of the street (i.e.
single‑loaded lots), in order that the maximum number of homes in new
developments may enjoy views of open space.
(4) Lot lines. The fourth step is simply to draw in the lot
lines where applicable.
(F) Prior to approval of the conceptual sketch
plan, the applicant shall submit to the Planning Board a preliminary
engineering certification that the approximate layout of proposed streets,
house lots and open space lands complies with the county regulations,
particularly those sections governing the design of subdivision streets and stormwater management facilities. This certification requirement is meant to
provide the county with assurance that the proposed plan is able to be
accomplished within the current regulations of the county.
(G) Once the sketch plan is approved, the applicant
shall follow the preliminary and final plat process as established in §§
151.230 through 151.246.
(Ord. passed
§ 151.298 PLANNED UNIT DEVELOPMENT.
(A) General.
(1) In a planned unit development (PUD), the
developer may make use of the land for any purpose authorized in the particular
PUD zoning district in which the land is located, subject to the provisions of
this chapter.
(2) All lots and development within a PUD must be
connected to a public water system.
(3) Within any area developed as a PUD, not less
than 15% nor more than 30% of the total lot, less CAMA wetland areas, shall be
developed for purposes that are permissible only in a HC or MC zoning district,
whichever corresponds to the PUD zoning district in question, as limited
pursuant hereto.
(4) The following uses are not allowed within the
commercial area of a PUD regardless whether allowed within the underlying zoning
district: 1.100 (all subcategories),
Single-Family Dwellings; 1.200 (all subcategories), Two‑Family
Residences; 1.400 ‑ Homes emphasizing special services, treatment, or
supervision (all subcategories); 1.510 ‑ Rooming Houses; Boarding Houses;
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1.520 ‑
Bed and Breakfast Establishments, 1:530 ‑ Tourist homes; 1:550 ‑ Hunting and Fishing
Lodges; 1.700 ‑ Home Occupations (all subcategories); 6.250 ‑ Automobile and motorcycle
racing tracks; 6.251 ‑ Competitive go‑kart/ATV race
track; 6.260 ‑ Drive‑in movie theater; 6.270 ‑ Private
Campground; 6.271‑ Travel trailers
allowed; 6.280 ‑ Petting zoo; 6.300 ‑ Outdoor firing range
facilities; 7.400 ‑ Penal
Institutions; 10.000 ‑ Parking and Storage (all subcategories); 11.000 -
Scrap Materials, Salvage Yards, Junk Yards and Automobile Graveyards (all
subcategories); 12.200 ‑ Kennels; 14.000 ‑ Agricultural, Silvicultural, Mining and Quarrying Operations; 18.200 ‑
Wireless Telecommunications Facilities over 35 feet tall; 19.000 ‑ Open Air
Markets (all subcategories); 24.000 ‑ Crabshedding
(all subcategories); 28.000 ‑ Off‑premise signs; 30.000 ‑
Stockyards; 31.000 ‑ Agribusiness Uses; 34.000 ‑ Land
Application of Commercial Sludge and
Commercial Liquid Septage; 35.000 ‑ Adult and
Sexually-oriented Businesses.
(5) The following uses are not allowed within the
residential area of a PUD regardless whether allowed within the underlying
zoning district: 1.200 (all subcategories), Two‑Family Residences;
1.400 ‑ Home emphasizing special services, treatment of
supervision (all subcategories); 1.510 ‑ Rooming Houses;
Boarding Houses; 1.520 ‑ Bed and Breakfast Establishments; 1.530 ‑
Tourist homes; 1.550 ‑ Hunting and Fishing Lodges; 6.240 ‑
Horseback riding, schooling and boarding; 14.000 ‑ Agricultural,
Silvicultural, Mining and Quarrying Operations;
15.200 ‑ Airports and Airstrips (all subcategories); 15.300 ‑
Sanitary Landfill and Convenience Centers; 18.200 ‑ Wireless
Telecommunications Facilities over 35 feet tall; 19.100 ‑ Open Air
Markets (all subcategories); 24.000 ‑ Crabshedding
(all subcategories); 28.000 ‑ Off‑premise signs; 30.000 ‑
Stockyards; 31.000 ‑ Agribusiness Uses; 34.000 ‑ Land
Application of Commercial Sludge and Commercial Liquid Septage;
35.000 ‑ Adult and Sexually‑oriented Businesses.
(6) The plans for the proposed PUD shall indicate
the particular portions of the lot that the developer intends to develop for
residential purposes and purposes permissible in a commercial district, as
applicable. For purposes of determining the
substantive regulations that apply to the PUD, each portion of the lot so
designated shall then be treated as if it were a separate district, zoned to
permit, respectively, residential or for commercial uses. However, the permit that is issued for the
project, a special use permit, shall apply to the entire development.
(7) A special use permit may be approved showing
the portion of the tract proposed for commercial uses reserved for future
development. In such a case, no
construction on any land may take place within the areas until the special use
permit is amended to approve specific plans for the areas. An amendment shall be regarded as a major
amendment and processed as provided in §§ 151.495 through 151.518.
(8) The non-residential portions of any PUD may be
occupied only in accordance with a schedule approved by the Board of
Commissioners that relates occupancy of the non‑residential portions of
the PUD to the completion of a specified percentage or specified number of
phases or sections of the residential portions of the development. The purpose and intent of this provision is
to ensure that the PUD procedure is not used, intentionally or unintentionally,
to create non-residential uses in areas
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generally zoned
for residential uses, except as part of an integrated and well‑planned,
primarily residential development. In
approving a proposed schedule the Board may consider, among other factors, the
number of dwelling units proposed for the residential portion of the PUD, the
nature and scope of the non-residential portions of the PUD, the physical
relationship of the non-residential components of the PUD to neighboring
properties not within the PUD and whether the non-residential uses are to be
located within pre‑existing buildings or is new construction.
(9) A PUD is defined as the total development of
one or more parcels physically connected by one central control or
ownership. Through PUD, the county
desires to foster development of land that has a higher degree of consideration
of physical features and natural constraints to development than would be
possible under general zoning or subdivision regulations. PUD is expected to promote a more efficient
use of the land, a higher level of amenities and more creative design than
would otherwise be possible.
(10) There
are hereby established four different PUD districts. Each PUD is designed to combine the
characteristics of one or two zoning districts.
(a) One element of each PUD district shall be the
residential element. Here there are
three possibilities, each one corresponding either to the R‑1 or R‑3
zoning districts. Within that portion of
the PUD zone that is developed for residential purposes, all development is
bound to and must comply with all other residential requirements, except for
lot size requirements.
(b) A second element of each PUD district shall be
the commercial element. Here the
possibility is the HC or MC zoning district as limited by division (A)(4)
above. Within that portion of a PUD
district that is developed for a commercial purpose, all development is bound
to and must comply with all other commercial requirements, except for lot size
requirements.
(11) In
accordance with the description set forth in division (A)(9) above, the four
PUD districts shall carry the following designations to indicate their
component elements:
(a) R‑1/PUD/HC;
(b) R‑1/PUD/MC;
(c) R‑3/PUD/HC; and
(d) R‑3/PUD/MC.
(12) A
PUD district containing an R‑1 component may not be applied to property
located within 1,000 feet of any land within an R‑3 zoning district.
(13) No
area of less than ten contiguous acres may be rezoned as a PUD district and
then only upon the request of the owner or owners of all the property intended
to be covered by the zone.
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(14) A
planned unit development (use classification 29.400) is the only permissible
use of PUD zone and PUD are permissible only in the zones.
(15) Any
expenses involved in the improvement of any property prior to the written receipt
of preliminary plat approval by the
(16) Concurrent
submittals of initial sketch, preliminary and/or final plats will not be
accepted for review. However, concurrent
submittals of preliminary and final plat may be allowed by the code inspection
and planning when no improvements are required.
(B) Design standards and criteria.
(1) This division excludes those dealing with
signs.
(2) Instead of meeting the general zoning
dimensional requirements and other standards, the planned unit development shall meet the following requirements:
(a) Land area/density.
1. Minimum parcel size shall be ten acres.
2. Permitted density shall be three dwelling
units per net acre of those areas identified for residential uses only but the
permitted density shall be four dwelling units per net acre of those areas
identified for residential uses only when all of the residential and commercial
structures within the PUD are connected to a public sewer system; density
calculations will not include commercial areas.
Net acreage shall be determined by on‑site evaluation of technical
staff, eliminating all areas, designated by CAMA as wetlands. Sketch plan approval shall be based upon a
general inspection of the factors.
Preliminary approval shall require net and gross acreages to be shown by
actual survey based upon CAMA designated wetland perimeters.
3. Thirty‑five percent of the non‑CAMA
area intended for residential development of the tract shall be common open
space. Alternatives to common ownership
may be considered such as open space easements across private land and third
party ownership of facilities, golf courses and the like, so long as common
accessibility is maintained. Open space
in general shall be designed to provide visual relief to dense residential areas
as well as recreation opportunities to be enjoyed in common by property owners
including, but not limited to recreational buildings, tennis courts, swimming
pools, jogging trails and related areas.
4. Fifty percent of open space must be designed
for passive or active recreation, including, but not limited to walking,
jogging, hiking, bicycling and other uses which involves general
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pedestrian
access. The remainder of the open space
may include areas providing visual, relief, but not offering general pedestrian
access such as wetlands. Portions of
this open space may be dedicated to the county by the developer or property
owner's association to provide for the location of public facilities now or in
the future.
(b) Permitted uses.
1. Permitted uses will be those of the base‑zoning
district unless otherwise specified.
2. Dwelling units may include any variation of
single and multi‑family units allowed in the underlying zoning district
so long as health, safety and fire regulations are observed in location and
construction of units and configuration of lots. In particular, emergency vehicle access must
be provided to each unit and the provisions of the State Uniform Building Code
and associated regulations of the Department of Insurance and NFPA shall be
observed.
(c) Streets and roads.
1. Roads shall be constructed to meet state
secondary road standards for design and construction as contained in the
Subdivision Roads, Minimum Construction Standards Handbook, as revised,
published by the State Department of Transportation in all respects, except
width of pavement and right‑of‑way.
2. All roads within a residential zoning area in
the residential area must include a bike path not less than six feet wide. The bike path system should be designed to
connect the residential area to the commercial component. PUDs with multiple
parcels shall be connected by a bike path system.
3. Roads shall be designed to create the minimum
feasible amount of land coverage and the minimum feasible disturbance to the
soils.
4. Variations in right‑of‑way
standards shall be permitted in order to keep grading and cut/fill to a minimum
while insuring that drainage and access for maintenance are provided.
5. Public streets carrying local two way traffic
within the PUD shall have a minimum of 20 feet paved surface width. Streets and roads connecting directly to
county and state roads shall have 60 feet right‑of‑way within a
minimum of 50 feet of the intersection.
6. One‑way streets may be permitted as an
option but not encouraged, where appropriate for the terrain and where public
safety would not be jeopardized; the travel way for a one‑way street
shall not be less than 14 feet excluding parallel parking bays.
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7. Combinations of collective private driveways,
cluster parking areas and on‑street parallel parking bays may be used to
attempt to optimize the objectives of minimum soil disturbance, minimum
impervious cover, excellence of design and aesthetic sensitivity.
(d) Design criteria for layout of roads and
lots.
1. Coordination
and continuation of streets; (The
proposed street layout within a PUD shall be coordinated with the existing
street system of the surrounding area and, where possible, existing principal
streets shall be extended.)
2. Access
to adjacent properties; (Where, in the
opinion of the Board of Commissioners, it is necessary to provide for street
access to an adjoining property, proposed streets shall be extended by
dedication to the boundary of the property and a temporary turn around easement
shall be provided. The use of
residential strips of land in order to prevent the extension of proposed or
existing streets or access thereto is prohibited. Landlocked parcels shall not be created.)
3. Marginal
access streets; (Where a tract of land
to be developed as a PUD adjoins a principal arterial street, the developer may
be required to provide a marginal access street parallel to the arterial street
or reverse footage on a minor street for the lots to be developed adjacent to
the arterial. Where reverse frontage is established, private driveways shall be
prevented from having direct access to the principal arterial. Also, a 25-foot non‑access buffer zone
will be required on the side of the lot, which abuts the principal arterial
street. A ten-foot buffer may be
considered sufficient if the vegetation creates a year‑round opaque
screening or a combination of vegetation adjacent (facing) the right‑of‑way
with a six-foot fence of solid construction from the ground up is
provided. This buffer zone may be
counted toward the open space requirement platted as common open space or maybe
counted as a portion of each individual lot.)
4. Street
names and name signs; (Proposed streets
which are obviously in alignment with existing streets shall be given the same
name. In assigning new names,
duplication of existing names shall be avoided and in no case shall the
proposed name be phonetically similar to existing names within the 911 system
serving the county irrespective of the use of a suffix such as street, road,
drive, place, court and the like. Street
names shall be subject to the approval of the Board of Commissioners. The
developer shall be required to provide, erect and arrange for maintenance of
street signs of a legible and durable construction, as provided by the Board of
Commissioners. At least two street name
signs shall be placed at each four‑way street intersection and one at
each “T” intersection. At least two or
more traffic-control signs shall be placed at each four‑way street
intersection and at least one at each “T” intersection. Signs shall be installed free of visual
obstruction and shall conform to county and State Department of Transportation
standards.)
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5. Traffic-control
signs, and signals, if deemed necessary by State Department of Transportation,
shall be erected and maintained by the developer at each street intersection
within the subdivision and at each intersection of a subdivision street and a
state‑maintained road or access road;
(Signs shall comply with the Department of Transportation regulations
with regards to size, shape, color, location and information contained
thereon. At least two or more traffic
control signs shall be placed at each four‑way street intersection and at
least one at each “T” intersection.
Signs shall be installed free of visual obstruction.)
6. Construction
standards; (All streets intended to be
dedicated to the state shall have rights‑of-way and construction meeting
standards set by the State Department of Transportation for acceptance and
maintenance as part of the state system of highways. The Division of Highways, through its
District Highway Engineer, must approve the plat with respect to road
construction, road width and right‑of‑way
prior to recording. Without the
approval, the plat cannot be recorded.
All private streets remaining under the maintenance, control and
responsibility of a developer or homeowner's association shall provide
certification by a licensed engineer that the streets have been constructed to
state standards, without regard to minimum right‑of‑way
requirements.)
7. Through
traffic discouraged on collector and minor streets; (Collector and minor streets shall be so laid
out that their use by through traffic will be discouraged. Streets shall be designed or walkways
dedicated to assure convenient access to parks, playgrounds, schools and other
places of public assembly.)
8. Cultural
and historic; (The developer shall not
destroy buildings or structures of cultural or historic significance as
determined by county technical staff in consultation with state preservation
officials.)
9. Lots:
a. Every lot shall front or abut a
state-maintained road or paved subdivision street.
b. PUDs, subject to
this chapter, district regulations. Lots
shall conform to the area, dimensional and building setback requirements as
prescribed in this chapter for the appropriate zoning district in which the
proposed PUD will be located. The
minimum lot area shall be 10,000 square feet when the lot is connected to both
a public water system and a public sewer system.
10. Double
frontage; (Double frontage or reverse
frontage lots shall be avoided, except when used in conjunction with the
provisions for marginal access streets.
Double frontage lots require a non‑access buffer of 25 feet in
addition to other dimensional requirements.)
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11. Corner
lots; (Corner lots shall be ten feet
wider than the required minimum order to accommodate the additional setback
required. Residential driveways on
corner lots shall be designed to ingress/egress on the least traveled road.)
12. Side
lot lines; (Side lot lines shall be
substantially at right angles or radial to street lines. Where side lot lines intersect at the rear of
the lot, the angle of the intersection shall not be less than 60 degrees.)
13. Streets
shall be constructed and designed to meet state standards for assumption of
maintenance and provisions for ownership and maintenance shall be clearly
specified and designated on the plat; and
14. Roads
not meeting state standards for assumption of maintenance shall be offered in
dedication to the public only to permit access by public service and emergency
vehicles and ownership and maintenance shall be clearly specified and designated
on the plat.
(e) Utilities and drainage.
1. Suitable plans for public water service,
central facilities for treatment of sewage as required by this chapter, erosion
control and storm drainage shall be provided.
All systems shall meet applicable federal, state and county
requirements.
2. Utilities shall be installed which will be
compatible with existing or proposed central water and sewer systems and
designed for economical connection to such a system when it becomes available.
3. The county shall require fire hydrants or
other approved access to a water supply to assist in providing fire protection.
4. Utility and drainage easements of a minimum
of ten feet shall be provided along all side and rear lot lines and a 15-foot
easement is required along front lot lines.
Where a development concept is approved which requires zero lot line
development, alternative easement locations may be considered.
5. Retention and drainage facilities or
structures shall use natural topography and natural vegetation where
possible. All on‑site facilities
shall be properly maintained by the owner or Homeowner’s Association so that
they do not become nuisances. Nuisance
conditions shall include improper storage resulting in uncontrolled run‑off
and overflow, stagnant water with concomitant algae growth, insect breeding and
odors.
6. Adequate provisions for the collection and
disposal of garbage and refuse shall be provided in a manner that the PUD will
be maintained in a clean and orderly appearance.
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7. Telephone and electric wires shall be
installed underground and any facilities or structures shall be appropriately
screened, buffered or landscaped to minimize unsightliness. Location shall be such as to cause minimum
interference with maintenance of roads, drainage facilities and other utility
installations.
8. No buildings or structures shall be allowed
to be built in wetlands other than viewing platforms, raised nature walks, boat
ramps, piers, docks and other similar structures.
(f) Cul‑de‑sacs. No cul‑de‑sac or dead end street
shall exceed 1,000 feet in length nor be less than 100 feet in length, as
measured from the closest street intersection centerline. Cul‑de‑sacs will be designed and
constructed to meet state standards and NFPA standards. In addition, the entrance into the cul‑de‑sac
shall be flared by sufficient width to ensure proper turning radius for
emergency vehicles upon entering and exiting the cul‑de‑sac.
(g) Intersections. Intersections shall be designed to be more
than 125 feet apart.
(h) Improvement. Where access to a PUD site is by a road not
meeting current state standards, that road shall be improved by the developer
to meet current state standards.
(i) Wetlands. Where any lot or site includes an area of
CAMA wetland, as determined by an on‑site evaluation of the county
technical staff, the wetland area may not be counted as part of the minimum
square footage required of any lot for development, nor for any requirement for
open space. CAMA wetlands are those lands which are subject to regular or
periodic flooding and bear characteristic vegetation or as defined in the State
Administrative Code description any salt marsh or other marsh subject to
regular or occasional flooding by tides, including wind tides provided this
shall exclude hurricane or tropical storm tides. All 404 wetlands must be delineated and
approved by the U.S. Army Corps of Engineers and a statement entered on the
plat stating the existence of 404 wetlands on the property. These 404 wetlands may be counted as part of
the minimum square footage required.
(j) Soils.
No lots requiring over 24 inches of fill to attain required separation
for on‑site septic system shall be developed or used for building
purposes.
(k) Water access. For PUDs of 20 or
more lots, where property being subdivided abuts public trust or estuarine
waters, adequate areas suitable for access to those waters by the general
public shall be established. At a
minimum, this area shall include 20,000 square feet and shall be contiguous to
the tract being developed.
(l) Drainage. Each subdivision shall provide adequate storm
drainage for all areas in the subdivision.
A combination of storage and controlled release of stormwater
run‑off is required. The
Unified
Development 167
release rate of stormwater from all developments shall not exceed the 100‑year
stormwater run‑off from the area in its natural
state (post‑development vs. pre‑development). All free flowing storm drainage systems shall
be designed to accommodate the run‑off generated by a 100‑year
design storm or State Department of Transportation (NCDOT) standards if more
restrictive and the system will be maintained by NCDOT.
1. Plans must show, at minimum, the following
information:
a. Elevation survey of entire tract with Topo, lines at one-foot intervals;
b. All culvert inverts, including driveway
culverts;
c. Direction of flows;
d. Downstream analysis (cross‑sections) of
drainageway to outlet, creek, stream, river, sound;
e. Stormwater storage
analysis, storing the differential between the outlet ditch capacity at bank
full and the 100‑year storm event throughout the proposed development
area;
f. Drainage calculations for drainway design within boundaries of the proposed
subdivision and off‑site, if appropriate; and
g. Show total pre‑development and post‑development
run‑off in CFS (cubic foot per second) volume leaving development area.
2. Plans must address maintenance of the
drainage system and who will be the responsible party to ensure proper
maintenance is performed on the drainage system. The plan will be reviewed and inspected by
county technical staff members.
(m) Erosion.
1. Cut and fill shall be limited to affecting no
more than 50% of the site. Fill shall
not encroach on natural watercourses, their floodplains or constructed channels
in a manner so as to adversely affect water bodies or adjacent property owners.
2. Sediment traps, basins and other control
measures for limiting erosion will be installed per a state-approved erosion and
sedimentation control plan and will be reviewed and inspected by county
technical staff members.
(n) Public access. No developer may usurp, abolish or restrict
public access areas to the waters contiguous to the county or other local bays,
sounds, creeks, rivers or canals which public access has been historically
enjoyed by the people of the county.
168
(o) Schools, fire and police and the like.
1. For PUDs involving
100 or more lots, the developer shall set aside space for community facilities,
namely one acre of land with soils suitable for development for each 100 lots.
2. This requirement shall be in excess of the
required open space.
(p) Fee in lieu of dedication. In lieu of dedication of land for open space
and/or dedication of land for community facilities, the developer may, at the
county's option, make a payment to the county of an amount of money equal in
value to the land as it would be appraised following its subdivision.
(C) Required planned unit development
submission documents and information.
|
|
Sketch
Plan |
Preliminary
Plat |
Final
Plat |
||||
|
Project;
Plat Information: |
|||||||
|
Name
of PUD, township located, county and state |
X |
X |
X |
||||
|
Name,
signature, license number, seal and address of engineer, land surveyor,
architect, planner and/or landscape architect involved in preparation of plat |
X |
X |
X |
||||
|
Vicinity
map: one inch equals 2,000 feet or
larger |
X |
X |
X |
||||
|
North
arrow and scale |
|||||||
|
Scale to be one inch equals 200 feet or
larger |
X |
|
|
||||
|
Scale to be one inch equals100 feet |
|
X |
X |
||||
|
Number
of copies required |
|||||||
|
Fifteen black or blue line copies with one,
8½‑inch by 11‑inch reduced copy |
X |
X |
|
||||
|
Fifteen black or blue line copies, plus
three copies suitable for reproduction, drawn in ink on Mylar, vellum, film
or a reverse sepia, plus one, 8½‑inch by 11‑inch reduced copy |
|
|
X |
||||
|
Payment
of application fees |
X |
X |
X |
||||
Unified
Development 169
|
|
Sketch
Plan |
Preliminary
Plat |
Final
Plat |
||||
|
Property
information: location of existing
structures, property lines, paths, streets, roads, railroads, ditches,
canals, streams, water courses, bridges, culverts, storm drainage pipes,
utility lines and structures, water lines, septic systems, wells, easements,
rights-of-way within the property to be subdivided and within 50 feet of the
exterior property lines |
|||||||
|
Approximate location |
X |
|
|
||||
|
Actual location |
|
X |
|
||||
|
Ownership
of adjoining property |
X |
X |
X |
||||
|
The
boundaries of the property and the portion of the property to be subdivided,
together with metes and bounds description showing dimensions, bearings and
distances |
X |
X |
X |
||||
|
Total
acreage of the property to be subdivided |
X |
X |
X |
||||
|
Minimum
lot size and the total number of lots |
|||||||
|
Approximate size and total of each lot |
X |
|
|
||||
|
Actual size and total of each lot |
|
X |
X |
||||
|
The
zoning classification of the property and of adjacent properties |
X |
X |
|
||||
|
Tentative
surface and subsurface drainage |
|
X |
|
||||
|
Location
of land to be dedicated or reserved for public or private use (parks,
recreational sites, open space requirements, reserved utility space and the
like) and their area, accompanied by provisions concerning their future
ownership and maintenance |
|||||||
|
Approximate location and area |
X |
|
|
||||
|
Actual location and area |
|
X |
X |
||||
|
|
|||||||
|
Approximate location |
X |
|
|
||||
|
Actual location with dimensions |
|
X |
X |
||||
|
Location
or areas, if any, to be used for non-residential purposes |
|||||||
|
Approximate location |
X |
|
|
||||
|
Actual location |
|
X |
X |
||||
170
|
|
Sketch
Plan |
Preliminary
Plat |
Final
Plat |
||||
|
Development
information: location, widths and
purpose of any proposed natural buffers, pedestrian/ bicycle/jogging trails
or courses, rights-of-way or other easements, location(s) of existing
cemeteries, layout of any proposed utilities (sewer, water, drainage, gas,
electricity or telephone lines) showing connections to existing systems or
easements reserved for proposed or potential systems, location of community
water or community sewage disposal systems, proposed buildings and location
of any proposed ponds or other storm drainage features and any proposed
modifications to existing topography |
|||||||
|
Approximate location and area |
X |
|
|
||||
|
Actual location and area |
|
X |
X |
||||
|
Minimum
building setback lines shall be shown on each individual lot |
|
X |
|
||||
|
Layout
of lot arrangement, including lot lines, dimensions and lot and block numbers |
X |
X |
|
||||
|
Any
rezoning requests, if necessary, for the project to develop as proposed |
X |
|
|
||||
|
Signature
block for Chairperson, Board of Commissioners |
X |
X |
X |
||||
|
Appropriate
certification blocks |
X |
X |
X |
||||
|
True
copy of Homeowner's Association documents and any restrictive covenants
applicable to development, if any created |
|
|
X |
||||
|
A
rough, general map at the same scale showing ownership and use of all
property abutting or within 1,000 feet, whichever is greater |
X |
X |
|
||||
|
Summary
table to include: 1) Number of
lots/units; 2) Number of acres in
total parcel; 3) Density and number of units/net acre; 4) Percentage of open space; 5) Number of acres in open space |
|||||||
|
Approximate number |
X |
|
|
||||
|
Actual number |
|
X |
X |
||||
|
A
statement addressing the impact on the fiscal resources of the county,
including additional tax revenues anticipated and additional cost, such as
for fire, police, solid waste, health, social services, water, sewer,
schools, roads and the like |
X |
X |
|
||||
Unified
Development 171
|
|
Sketch
Plan |
Preliminary
Plat |
Final
Plat |
||||
|
Street
addresses must be shown on each lot |
|
X |
X |
||||
|
Setting;
Environmental Information: |
|||||||
|
Base
flood elevation lines, as delineated on the flood insurance rate maps |
|||||||
|
Approximate location |
X |
|
|
||||
|
Actual location |
|
X |
X |
||||
|
Determination
by the Local Coastal Area Management Act permit (CAMA) Officer as to whether
the proposal is or is not located within any area of environmental concern |
X |
|
|
||||
|
Location
and area of all designated areas of environmental concern within the PUD or
other areas which are environmentally sensitive, such as CAMA wetlands or 404
wetlands, as defined by the U.S. Army Corps of Engineers |
|||||||
|
Approximate location and area |
X |
|
|
||||
|
Actual location and area |
|
X |
X |
||||
|
Location
of natural features such as wooded areas, swamps, water courses, floodplains,
soil types, vegetation (both general cover in terms of hardwood or pine
trees, shrubs or brush and specific types that may be significant or unique),
and the like on-site and within 100 feet of exterior property line |
|||||||
|
Approximate location |
X |
|
|
||||
|
Actual location |
|
X |
|
||||
|
Contour
intervals of two feet with flood elevation data; grading plan may be required |
X |
|
|
||||
|
Comparison
of how development relates to the Maritime Forest Guide |
|
X |
|
||||
|
Improvements
and Construction Information: |
|||||||
|
Location
of street rights‑of‑way, cul‑de‑sacs, turnarounds and
the like, along with design widths and distances in linear feet; must show
paved areas and areas to be graveled |
|||||||
|
Approximate location |
X |
|
|
||||
|
Actual location |
|
X |
X |
||||
|
Street
names |
|||||||
|
Proposed |
X |
|
|
||||
172
|
|
Sketch
Plan |
Preliminary
Plat |
Final
Plat |
||||
|
Actual |
|
X |
X |
||||
|
Site
identification signs, traffic-control signs, streets name signs and
directional signs |
|||||||
|
Show location and type |
|
X |
|
||||
|
Must be erected |
|
|
X |
||||
|
Engineering
data: approximate street grade, design
data for street corners and curves, plan and profile for streets and
water/sewer lines; any additional data which may be required by the State
Department of Transportation, the county's Public Works Department or any of
the other official reviewing agencies |
X |
|
|
||||
|
Perc test reviewed and approved on each
individual lot by the county's Health Department; if centralized or community
systems are being proposed, then reviews and approvals are required by the
appropriate state reviewing agency |
|
X |
|
||||
|
Drainage
calculations in order to comply with state stormwater
regulations |
|
X |
|
||||
|
Soil
erosion and sedimentation control ploan, as
reviewed and approved by DEHNR-Land Quality Section |
|
X |
|
||||
|
Proposed
utility infrastructure plans, including sanitary sewer, water, stormwater management, telephone, electric and cable
television |
|
X |
|
||||
|
Location
and construction details of either wet or dry fire hydrants |
|
X |
|
||||
|
Lighting
plan and details, if proposed |
X |
|
|
||||
|
Landscape
and tree planting plan with details, if required |
|
X |
|
||||
|
Solid
waste management (dumpster) plan, if required |
X |
|
|
||||
Unified
Development 173
|
|
Sketch
Plan |
Preliminary
Plat |
Final
Plat |
||||
|
Sight
triangles |
X |
X |
|
||||
|
Two
copies of “as-built” plans to be submitted |
|
|
X |
||||
|
Construction
details, as required hereby |
|
X |
X |
||||
|
Monumentation set and control
corner established |
|
|
X |
||||
|
Payment
of per lot connection fees for county water |
|
X |
|
||||
|
For
subdivisions containing 20 or more lots, the information listed below shall
be provided; the number of lots shall be determined by counting the
cumulative number of lots created on a tract as such boundaries existed as of
July 1, 2000, by anyone who owned, had an option on or any legal interest in
the original subdivision |
|||||||
|
Development
Impact Statement: |
|||||||
|
Physical
analysis (type units expected, including
number of bedrooms, projected value, size and timing of phases and the like |
X |
|
|
||||
|
Housing
market analysis (delimit market area, project demand, supply and unmet
demand, determine net capture, identify development profile) |
|
X |
|
||||
|
Environmental
impact (water consumption estimated per unit type, hydrological report by a
licensed engineer identifying available water resources, report outlining
sewer generation and means of disposal) |
X |
|
|
||||
|
Fiscal
analysis (estimated real property valuation, estimated personal property
valuation, estimated annual land transfer tax value) |
X |
|
|
||||
|
Traffic
analysis (estimated number of trips generated, volume of existing traffic on
roads adjacent to and within one-half mile of tract, directional distribution
of traffic, capacity analysis) |
|
X |
|
||||
174
(D) Certification blocks required for planned
unit development.
(1) The appropriate certificate forms, as set
forth below shall appear on all planned unit development plans submitted.
(2) It is suggested in order to eliminate
confusion that all certification blocks and other detail or design information
be grouped on a separate single sheet of the plat plans.
(a) Certificate of Approval.
I
hereby certify that all streets shown on this plat are within Camden County,
all streets and other improvements shown on this plat have been installed or
completed and that the PUD shown on this plat is in all respects in compliance
with the Camden County Unified Development, and therefore this plat has been
approved by the Camden County Planning Board and signed by the Chairperson,
Board of Commissioners, subject to its being recorded in the Camden County
Registry within ninety (90) days of the date below.
Date Chairperson, Board of Commissioners
(b) Certificate of Ownership and Dedication.
I
hereby certify that I am the owner of the property described hereon, which
property is located within the subdivision regulation jurisdiction of Camden
County; that I hereby freely adopt this plat of subdivision and dedicate to
public use all area shown on this plat as streets, alleys; walks; parks, open
space and easements, except those specifically indicated as private and that I
will maintain all such areas until the offer of dedication is accepted by the
appropriate public authority. All property
shown on this plat as dedicated for a public use shall be deemed to be
dedicated for any public use authorized by law when such other use is approved
by the appropriate public authority in the public interest.
Date Owner
I,
, a notary public of County, North Carolina, do hereby certify
that personally
appeared before me this date and acknowledged the due execution of the
foregoing certificate.
Unified
Development 175
Witness
my hand and official seal this day of , .
Notary
Public
My
commission expires .
(c) Notation. The developer shall place in a conspicuous
manner upon the final plat of the subdivision prior to final plat approval a
notation containing the following words:
Open
space, ponds, drainage facilities and reserve utility open space required to be
provided by the developer in accordance with Chapter 151 of the code of
ordinances for the county shall not be dedicated to the public, except upon
written acceptance by the county, but shall remain under the ownership and
control of the developer (or his or her successor) or a Homeowner's Association
or similar organization that satisfies the criteria established in
§ 151.199 of the aforementioned chapter.
(d) Certificate of Survey and Accuracy.
I
hereby certify that this map (drawn by me) (drawn under my supervision) from
(an actual survey made by me) (an actual survey made under my supervision) (a
deed description recorded in Book , Page , of the County Registry) (other); that the
error of closure as calculated by latitudes and departures is 1: ; that the boundaries not surveyed are shown
as broken lines plotted from information found in Book , Page , and that this map was prepared in accordance
with G.S. § 47‑30, as amended.
Witness my original signature, registration number and seal this day of , .
(Seal
or Stamp)
Registered
Land Surveyor
Registration
Number
1. The plat must contain a certificate prepared
by the surveyor.
2. The certificate shall be shown on the plat
attesting to one of the below statements:
a. The survey creates a subdivision of land in
an area covered by a subdivision ordinance;
b. The survey is of land in an unregulated area;
176
c. The survey is of an existing parcel or
parcels;
d. The survey is of another category, such as
the recombination of existing parcels or a court‑ordered survey; and
e. From the information available, the surveyor
is unable to make a determination of the above provisions
(e) Division of Highway District Engineer
Certificate for Public Streets, if applicable.
I
hereby certify that the public streets shown on this plat are intended for
dedication and have been completed in accordance with at least the minimum
specifications and standards of the State Department of Transportation for
acceptance of subdivision streets on the state highway system for maintenance.
Date District
Engineer
(f) Engineer Certificate for Private Streets,
if applicable.
I
hereby certify that the private streets shown on this plat are intended for
private use and will remain under the control, maintenance and responsibility
of the developer and/or a homeowner's association and that they have been
completed in accordance with at least the minimum specifications and standards
of the State Department of Transportation.
Date Licensed
Engineer
(g) Signed statement. If the PUD is located within a North Carolina
Coastal Area Management Act area of environmental concern, the preliminary plat
shall contain a statement as follows; signed by the local permit officer:
This
PUD (or part thereof) is located within an Area of Environmental Concern.
Date Local
Permit Officer
(h) Engineer Certification of Stormwater Improvements.
In
the subdivision entitled , stormwater
drainage improvements have been installed (1) according to plans and
specifications prepared by , or (2) according to the as‑built plan
submitted by
Unified
Development 177
,
and approved by the
Registered
Land Surveyor/Civil Engineer Date
Registration
Number
(i) Certificate of
Review Officer.
State
of
I,
, Review Officer of
Review
Officer Date
(E) Sketch design plan procedures.
(1) The procedures for PUD approval shall be as
set out in this subchapter. This
procedure is consistent with that provided for other special uses, yet, because
of the magnitude of the expected action and the amount of discretion allowed,
the county selected this procedure that would leave the final approval with the
County Planning Board.
(2) Pre‑application conference:
(a) A pre‑application conference between the
subdivider and the Administrator shall occur prior to
any presentation to the Planning Board.
Any effort to secure this conference is the sole responsibility of the subdivider or his or her agent. The primary purpose of this
conference is to provide assistance and guidance to the subdivider
for the swift and least interruptible review of the proposed subdivision. To ensure an equal understanding, this
conference will provide a mutual exchange of basic information that is needed
to facilitate and clarify the requested review process for all subdivisions.
(b) To carry out the purpose of the pre‑application
conference the subdivider and the Administrator shall
be responsible for the following actions:
178
1. Actions by the subdivider:
a. The subdivider
shall present an outline, drawing, sketch or draft of the area to be subdivided
that will accurately provide site information for reasonable discussion;
b. The subdivider
shall provide general site information regarding water supply, sewage disposal,
surface and subsurface drainage, flood hazard areas, street dedications and
soil erosion/sedimentation control requirements for the development of the
tract; and
c. Any further supportive plans or information
that may be required for the determination of this review status.
2. Actions by the Administrator:
a. The Administrator will provide to the subdivider all necessary guidance as to the required review
process for the particular tract in question based upon the information given
by the subdivider and the following points of public
concern:
i. The subdivider
will be informed if a change in zoning shall be required for the subject tract or
part thereof;
ii. The
subdivider must initiate any necessary rezoning
applications;
iii. In
no event will any preliminary plat be presented for approval prior to the Board
of Commissioners approval of the requested zoning change;
iv. Direct
assistance to the subdivider to ensure full
compliance with the subdivision regulations;
v. Outline
the other public agencies that the subdivider must
approach for explicit direction; and
vi. Any
further information that will aid the subdivider to
meet the requirements of the review process.
(F) Sketch design plan review process.
(1) The purpose of the, sketch plan application is
to give the developer the option of securing approval for the design concept
before committing substantial funds to the development of engineering detail
for the preliminary plat application.
The developer shall submit the application to the Administrator. The application will address natural
features, existing conditions and proposed development plan in terms of number
and types of units and general location.
Unified
Development 179
(2) The Administrator shall request of the
Planning Board a date for hearing and review.
A minimum of 30 working days shall be required between date of
submission and the date of the hearing. A fee shall be charged upon submission
of the sketch design plans application as specified in the adopted fee schedule
of the county.
(3) The subdivider must
also submit a copy of the sketch plan and any accompanying material on the same
date as the submittal date identified in division (F)(2) above to those public
officials and agencies concerned with new development. Verification of meeting this requirement will
be required. Review comments and recommendations from the technical review
staff shall be submitted simultaneously with submittal to the Planning and
Inspections Department. The
Administrator will help to advise the subdivider
concerning which agencies are applicable for a given proposal.
(4) Technical review staff the sketch plan shall
be submitted to the Administrator prior to the Planning Board meeting at which
time it will be reviewed. The staff
shall review the sketch plan for general compliance with the requirements of
this chapter and other official plans, ordinances and policies of the county. The technical review staff shall make
recommendations to the Planning Staff including any recommendations received
from other public officials and agencies reviewing the proposal that is
concerned with new development.
(5) The technical review staff at the sketch plan
stage will generally consist of
(6) The Administrator shall review the application
for completeness and indicate areas of insufficient information that shall be
corrected.
(7) Nothing in this report shall constitute an
acceptance of the plan of development.
(8) The developer shall cure any identified
deficiencies with 180 calendar days of notice of same. Failure to provide sufficient information
upon application may result in postponement of the Planning Board review
date. Failure to cure identified
deficiencies within 180 calendar days of notice shall render the application
void.
(9) The Administrator shall also investigate
requirements of the state and county concerning sanitary waste disposal. The results of this review, together with the
indication of sufficiency of information, shall be presented to the applicant
and to the Planning Board in writing at the scheduled meeting. The Administrator shall also file a formal
report addressing the plan and its impacts and alternative measures that might
be used to mitigate impacts, if any.
(10) The
subdivider/developer or his or her agent must attend
the Planning Board and all subsequent Board meetings for presentation of the
application to the appropriate boards and to answer any questions by Board
members and others.
180
(11) The
Planning Board shall discuss with the subdivider/developer
or his or her agent changes deemed advisable, if any, and the kind and extent
of improvements to be made.
(12) Upon
hearing all remarks and recommendations by the subdivider/developer
or his or her agent, county staff and technical review staff, the Planning
Board shall recommend approval, approve conditionally, disapprove or table the
application.
(13) Within
60 calendar days from the date of its first review of the sketch plan, the
Planning Board will forward the plat along with its recommendations, including
any conditions or modifications, to the Board of Commissioners. Failure to forward the plat within the
allotted time shall have the same effect as a recommendation for approval.
(14) During
the first regularly scheduled monthly meeting of the Board of Commissioners
following recommendation by the Planning Board, the Board of Commissioners will
set a public hearing date to hear any and all remarks presented by the subdivider/developer, staff comments and recommendations,
technical staff comments and others.
(15) The
subdivider/developer or his or her agent must attend
the Board of Commissioners and all subsequent Board meetings for presentation
of the application to the appropriate Board and to answer any questions by
Board members and others.
(16) The
Board of Commissioners shall discuss with the subdivider/developer
or his or her agent changes deemed advisable, if any, and the kind and extent
of improvements to be made by him or her.
(17) Upon
conclusion of the public hearing, the Board of Commissioners may approve,
approve conditionally, disapprove or table the request as set forth in the
Board of Commissioner's rules of procedures and by state law. Because of the conceptual presentation
involved, this shall not constitute an official action of approval of the
subdivision for recordation. The reasons
for a conditional approval or disapproval shall be placed in the record of the
minutes of the proceedings.
(18) Receiving
approval from the Board of Commissioners shall allow the subdivider/developer
to proceed with submission of all materials and information required for the
preliminary plat review process and to seek all permits as required under this
subchapter.
(G) Preliminary plat procedures.
(1) The purpose of the preliminary plat
application is to provide the county with sufficient, detail information to
indicate exactly what the developer intends to construct so that potential
consequences can be predicted and evaluated.
Following the determination of completeness of the information and the
conference to consider alternative development plans (when necessary), the
developer shall submit the required information, as listed in the chart on the
preceding pages, along with a PUD review fee.
Unified
Development 181
(a) The subdivider shall
submit copies of the preliminary plat and any accompanying material to those
public officials and agencies concerned with new development a minimum of 30
working days prior to submitting the preliminary plat application to the
county. The Administrator will help to
advise the subdivider concerning which agencies are
applicable for a given proposal, but it will ultimately be the subdivider's responsibility to obtain the required permits
and approvals.
(b) The preliminary plat shall be submitted to the
Administrator prior to the Planning Board meeting at which time it will be
reviewed. The staff shall review the
preliminary plat for general compliance with the requirements of this chapter
and other official plans, ordinances and policies of the county. The technical review staff shall make
recommendations to the planning staff, including any recommendations received
from other public officials and agencies reviewing the proposal that is
concerned with new development.
(c) The technical review staff consists of County
Engineer, County Health Department, local VFD, Fire Marshal, Soil Conservation
Service, County Public Works Department, Coastal Management, U.S. Army Corps of
Engineers, Superintendent of Schools, Department of Environment, Health and
Natural Resources‑Division of Land Resources-Land Quality Section,
Division of Environmental Management‑Groundwater Section, Division of
Health Services (DHS), State Department of Transportation, local power company,
local phone company, as applicable, and other agencies as needed.
(2) All construction permits and approvals must be
obtained by the subdivider/ developer from all local,
state and federal agencies requiring the approval of the development prior to
submission of the preliminary plat for review by the Planning Board.
(3) Upon submission of the required information,
to be referred to as the preliminary plat application, the Administrator shall
request of the Planning Board a date for hearing and review. A minimum of 30 working days shall be
required between date of submission and the date of the hearing. The
Administrator shall review the application for completeness and indicate areas
of insufficient information that shall be corrected. Nothing in this report shall constitute as
acceptance of the plan of development.
The developer shall cure any identified deficiencies in the report
within 180 days of notice. Failure to
correct identified deficiencies within the 180-day period shall render the
application void. In the event that the
developer does not accept the determination of insufficiency of information,
appeal shall be to the Board of Commissioners for final decision.
(4) Immediately following the submission of an application,
the Administrator shall take steps as are necessary to review the relevant
aspects of the application regarding the completeness of the information and
assessment of the anticipated impact including possible mitigation of adverse
effects. The Administrator shall also investigate requirements of the state and
county concerning sanitary waste disposal.
The results of this review together with the indication of sufficiency
of information shall be presented to the applicant and to the Planning Board in
writing at the scheduled meeting.
182
(5) The Planning Board shall review the
preliminary plan and approve, conditionally approve, disapprove or table the
plan. In order to assist them in their
review, the Administrator shall compile written recommendations of the county
technical staff and consultants analyzing the impacts relevant to them, the
extent to which the plan appears to have addressed these impacts and additional
mitigation measures they recommend. The
Administrator shall also file a formal report addressing the plan and its
impacts and alternative measures that might be used to mitigate impacts, if
any.
(6) Within 60 days from the date of its first
review of the preliminary plat, the Planning Board will forward the plat along
with its recommendations, including any conditions or modifications, to the
Board of Commissioners. Failure to
forward the plat within the allotted time shall have the same effect as a
recommendation for approval.
(7) During the first regularly scheduled monthly
meeting of the Board of Commissioners following recommendation by the Planning
Board, the Board of Commissioners will hear any and all remarks presented by
the subdivider/developer, staff comments and
recommendations, technical staff comments and others.
(8) The Board of Commissioners shall review the
same and approve, conditionally approve, disapprove or table the plan. The reasons for a conditional approval or
disapproval shall be placed in the record of the minutes of the proceedings. Serious consideration shall be given not only
to the design of the plat, but to the thoroughness with which the fiscal and
environmental impact reports have identified and mitigated potential adverse
effects.
(9) Upon receiving approval of the preliminary
plat by the Board of Commissioners, the subdivider
will receive a construction permit/letter from the Planning and Inspections
Department. Construction permits/letters must be issued prior to any land
disturbing activities commencing on the development. Construction permits/letters can be obtained
when all required permits have been obtained by the subdivider,
reviewed by the Administrator and meets or exceeds all requirements of this
chapter. Failure to obtain the
construction permit/letter prior to any land disturbing activities may be cause
for revocation of preliminary plat approval by the Board of Commissioners. If the proposed plans substantially change,
at the direction of the Administrator, modifications shall be reviewed by the
Planning Board and Board of Commissioners, as a regular agenda item unless
determined to be and handled as a new application; which shall require a public
hearing.
(10) Upon
approval of the preliminary plat by the Board of Commissioners, the subdivider may proceed with the preparation of the final
plat and the installation of or arrangement for required improvements in
accordance with the approved preliminary plat and the requirements of this
section. Prior to approval of a final plat, the subdivider
shall have installed the improvements in accordance with the approved
preliminary plat and the requirements of this chapter or guaranteed their
installation as provided herein.
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(11) Preliminary
approval shall remain in force for two years following approval by the Board of
Commissioners after which time it becomes null and void unless granted a
written extension by the Board of Commissioners for a period not to exceed one
year. The Board of Commissioners shall
grant no more than one extension for a preliminary plat. No extension may be granted unless applied
for before preliminary plat approval has expired. Renewal shall be in writing and at the option
of the Board of Commissioners, with consideration given to any changes in
conditions and regulations since the
original approval was granted.
Approval of the preliminary plat shall constitute authorization for the
Administrator to issue a zoning permit to allow a temporary office trailer to
be located within the PUD for the exclusive purpose of conducting the business
of that development. The permit shall
expire one year from the date of issuance, but may be renewed on an annual
basis upon submission of evidence to the Administrator showing that the trailer
is still being used as originally permitted.
The unit shall be removed within 30 days of the expiration of the
permit. The office trailer must not be
an altered mobile or on‑frame modular home.
(12) Preliminary
plat approval shall in no way be construed as constituting an official action
of approval for recording of the subdivision as required by this subchapter.
(H) Final plat procedures.
(1) No final plat will be accepted for review by
the Planning Board unless accompanied by written notice by the Administrator
acknowledging compliance with division (G) above.
(2) The final plat shall constitute only that
portion of the preliminary plat, which the subdivider
proposes to record and develop at this time.
The portion shall conform to all requirements of this chapter. No final plat shall be approved unless and
until the subdivider shall have installed, in that
area represented on the final plat, all improvements required by this chapter
or shall have guaranteed their installation as provided in division (M) below.
(3) The subdivider shall
submit the final plat to the Administrator not less than 20 working days prior
to the regular Planning Board meeting at which it will be considered. Further, the plat shall be submitted not more
than 12 months after the date on which the preliminary plat was approved,
otherwise the approval shall be null and void, unless a written extension of
this time limit is granted by the Board of Commissioners on or before the
one-year anniversary of the approval.
(4) The final plat shall be prepared by a surveyor
licensed and registered to practice in the state. The final plat shall substantially conform to
the provisions for plats, subdivisions and mapping requirements, as set forth
in G.S. § 47‑30, as amended.
(5) Final plats shall be of a size suitable for
recording with the
(6) Submission of the final plat shall be
accompanied by a filing fee as specified in the adopted fee schedule of the
county.
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(I) Final plat review process.
(1) All supplementary materials required under
this section and a completed application form must be submitted to the Planning
and Inspections Department prior to the established cut‑off date for
submissions to the Planning Board.
(2) The subdivider/developer
or his or her agent must attend the Planning Board and all subsequent Board
meetings for presentation of the application to the Board and to answer any
questions by Board members and others.
(3) Upon hearing all remarks and recommendations
by the subdivider/developer or his or her agent,
county staff and technical review staff, as needed, the Planning Board, shall
approve, approve conditionally, disapprove or table the application. The Planning Board shall act on final plats
in lieu of the Board of Commissioners in accordance with G.S. § 153A‑332.
(4) If the final plat is approved or approved
conditionally, it shall be noted on two copies of the plat by the Board of
Commissioner Chairperson or his or her designee. One copy shall be returned to the subdivider/developer and one copy shall be retained by the
Planning and Inspections Department. If the final plat is disapproved, the
Board of Commissioners Chairperson or his or her designee shall specify the
reasons for the action in writing. One
copy will then be attached and forwarded to the subdivider/developer
and one copy will be retained by the Planning and Inspections Department.
(J) Plat approval not acceptance of dedication
offers. Approval of a plat does not
constitute acceptance by the county or other public agency of the offer of
dedication of any streets, sidewalks, parks or other public facilities shown on
a plat. However, the county or other
public agency may, to the extent of its statutory authority, accept the offer
of dedication by resolution of the governing body or by actually exercising
control over and maintaining the facilities.
(K) Protection against defects.
(1) Whenever occupancy, use or sale is allowed
before the completion of all facilities or improvements intended for
dedication, then the letter of credit or the surety that is posted pursuant
hereto shall guarantee that any defects in the improvements or facilities that
appear within one year after the dedication of the facilities or improvements
is accepted, or within 18 months after the facilities are completed, whichever
occurs first, shall be corrected by the developer. For purposes of this section, the
Administrator shall determine the date of completion of the facilities.
(2) Whenever all public facilities or improvements
intended for dedication are installed before occupancy, use or sale is
authorized, then the developer shall post a letter of credit or other
sufficient surety guarantee that he or she will correct all defects in the
facilities or improvements that occur within one year after the offer of
dedication of the facilities or improvements is accepted, or within 18 months
after the completion of the facilities, whichever occurs first. For purposes of this section, the
Administrator shall determine the completion date of the facilities.
Unified
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(3) An architect or engineer retained by the
developer shall certify to the county that all improvements have been
constructed in accordance with the requirements of this chapter. This certification shall be a condition
precedent to acceptance by the county of the offer of dedication of the
facilities or improvements.
(4) For the purpose of this section, the following
definition shall apply unless the context clearly indicates or requires a
different meaning.
DEFECTS. Any condition in facilities or improvements
offered for public dedication that requires the county or other public
authority to make repairs in the facilities over and above the normal amount of
maintenance that they would require. If
the DEFECTS appear, the guaranty may be enforced regardless of whether the facilities or
improvements were constructed in accordance with the requirements of this
chapter.
(L) Maintenance of dedicated areas until
acceptance.
(1) All facilities and improvements with respect
to which the owner makes an offer of dedication to public use shall be
maintained by the owner until the offer of dedication is accepted by the
appropriate public authority.
(2) The developer of any development containing
streets intended for public dedication shall post a letter of credit or other
sufficient surety to guarantee that the streets will be properly maintained
until the offer of dedication is accepted by the State Department of
Transportation.
(a) This maintenance guarantee may be combined
with any provided hereunder; and
(b) The amount of the security shall generally
constitute 15% of the cost of the improvements.
The developer shall provide information sufficient to determine the cost
of the improvements.
(3) The Board may relieve the developer of the
requirements of this section if it determines that a property owner’s
association has been established for the development and that this association
has assumed and is capable of performing the obligations set forth in division
(L)(1) above.
(M)Acceptable
bond terms and methods. The
following types of bonds/guarantees will be acceptable to the Board for the
purpose of satisfying maintenance, generally 15%, and performance guarantees,
generally 115%, prior to recording of the final plat:
(1) Surety bonds by a licensed surety bond
company;
(2) Irrevocable letters of credit on forms
approved by the County Attorney with a banking institution insured by the FDIC
or other reputable institution; and
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(3) Cash bond with the Finance Officer named as
trustee.
(N) Authorization to file. Upon approval of the final plat, the subdivider shall have authorization to file the plat with the Register of
Deeds. Approval shall be null and void
for any plat not recorded within 90 days.
(O) Replatting
or resubdivision of land.
(1) For any replatting
or resubdivision of land, the same procedures, rules
and regulations contained in § 151.515 shall apply as prescribed for an
original subdivision.
(2) Lot sizes may, however, be varied on an
approved plat after recording, provided that no lot or tract shall be created
or sold that is smaller than the size shown on the approved plat; drainage
easements shall not be changed; rights‑of‑way shall not be changed;
street alignment and block sizes shall not be changed; the rear portion of the
lots shall not be subdivided for the front part; and the character of the area
shall be maintained.
(Ord. passed
SITE PLANS
REQUIRED
§ 151.310 GENERAL.
Site plans shall
be required from applicants prior to issuance of any permit (building, zoning,
conditional use permit, special use permit, variance) by the county.
(Ord. passed
§ 151.311 RESIDENTIAL SITE PLAN REQUIREMENTS.
(A) Sketch site plans shall be drawn with as true
an approximate scale as possible, which reviewing agents can determine that all
requirements of this chapter are met.
Professional renderings are not required.
(B) Applicant will be required to sign the zoning
form as being a true reflection of what is existing and what is being proposed.
(C) The following minimum information shall be
included on the site plan:
(1) Lot/parcel dimensions;
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(2) Zoning designation;
(3) All property line setback requirements;
(4) All existing physical features, such as
structures, buildings, streets, roads and the like;
(5) Location and dimensions of proposed
construction;
(6) Flood zone, as determined by FIRM maps; and
(7) Any additional information as required by the
reviewing agents.
(Ord. passed
§ 151.312 COMMERCIAL SITE PLAN REQUIREMENTS.
(A) A site plan for all non-residential development
shall be submitted to the county for review prior to issuance of required
building permits.
(B) All non-residential site plans shall be
submitted at a scale of one inch equals 50 feet or larger with three black or
blue line paper prints and drawn in a professional like manner showing true
dimensions.
(C) Site plan review fees will be charged as
reflected in the county's adopted fee schedule.
(D) Unless otherwise determined by the Zoning
Administrator, site plans shall show the following minimum information:
(1) Site data, including vicinity sketch, north
arrow, engineering scale ratio, acreage, title of development, date of plan,
gross floor area of all buildings, name and address of owner/developer and
person or firm preparing the plan;
(2) Zoning setback lines;
(3) Location(s) and dimension(s) of all vehicular
entrances, exits, drives and fire lanes;
(4) Location, arrangement and dimension of all
automobile parking spaces, width of aisles, width of bays, angle of parking and
number of spaces;
(5) Location, arrangement and dimension of all
truck unloading docks, ramps and spaces;
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(6) Refuse collection (dumpster) container
space(s) location;
(7) Location(s) of all building(s) with exterior
dimensions;
(8) Location and dimensions of all fences, walls,
docks, ramps, pools, patios and surfaces areas;
(9) Location of water tap(s) denoting size(s) of
line(s) or well area;
(10) Location
of sewer tap(s) denoting size(s) of line(s) and pole(s);
(11) Location
of electrical service connection(s), meter(s) and pole(s);
(12) Existing
and proposed fire hydrant location(s);
(13) Location
and dimension of all easements and rights-of-way as determined by the State
Department of Transportation;
(14) Location(s)
and size(s) of all public utility lines (water, sewer and storm sewer) within
all adjacent public rights-of-way and easements;
(15) Drainage
plan, including site surface drainage, pipe size, yard drains, catch basins,
curb inlets and topographic features;
(16) Curb
and gutter alignment, including street widening and storm drainage, if
necessary shall be required;
(17) Screening/landscaping
plan with a species directory shall be required showing plants with common
names, sizes and numbers of plants and trees;
(18) Sight
distance triangle, 10 feet by 70 feet, shall be indicated at the intersection
of all public right‑of‑way lines and 10 feet by 35 feet at the
intersection of a right‑of‑way and driveway;
(19) Flood
zone, as determined by FIRM maps; and
(20) Any
additional information as may be required by the reviewing agents.
(Ord. passed
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PERMISSIBLE USES
AND TABLE
§ 151.325 GENERAL.
The table of
permissible uses should be read in close conjunction with the definitions of
terms set forth in § 151.600, the provisions of this subchapter and the other
interpretative provisions set forth in this chapter.
(Ord. passed
§ 151.326 USE OF THE DESIGNATIONS “Z,” “S” AND “C” IN
TABLE.
(A) The letter “Z” means that the use is
permissible in the indicated zone with a zoning permit issued by the
Administrator, the letter “S” means a special use permit must be obtained from
the Board of Commissioners and the letter “C” means a conditional use permit
must be obtained from the Board of Adjustment.
(B) When used in connection with non‑residential
uses, the designation “ZS” or “ZC” means that the developments require a zoning
permit if the lot to be developed is less than five acres in size and a special
or conditional use permit, respectively, if the lot is five acres or larger in
area.
(C) Use of the designation “Z,” “S” and “C” for
combination uses is explained in § 151.332.
(Ord. passed
§ 151.327 BOARD OF ADJUSTMENTS JURISDICTION OVER USES
OTHERWISE
PERMISSIBLE WITH
A ZONING PERMIT.
Whenever the
table of permissible uses, interpreted in the light of § 151.326 and other
provisions of this subchapter, provides that a use in a non-residential zone or
a nonconforming use in a residential zone is permissible with a zoning permit,
a special use permit shall nevertheless be required if the Administrator finds
that the proposed use would have an extraordinary impact on neighboring
properties or the general public that is not otherwise addressed by the county
or the state. In making this determination,
the Administrator shall consider, among other factors, whether the use is
proposed for an undeveloped or previously developed lot, whether the proposed
use constitutes a change from one principal use classification to another,
whether the use is proposed for a site that poses peculiar traffic or other
hazards or difficulties, and whether the proposed use is substantially unique
or is likely to have impacts that differ substantially from those presented by
other uses that are permissible in the zoning district in question.
(Ord. passed
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§ 151.328 PERMISSIBLE USES AND SPECIFIC EXCLUSIONS.
(A) The presumption established by this chapter is
that all legitimate uses of land are permissible within at least one zoning
district within the county. Therefore,
because the table of § 151.334 cannot be all‑inclusive, those uses that
are listed shall be interpreted liberally to include other uses that have
similar impacts to the listed uses.
(B) All uses that are not listed in § 151.334 and
that do not have impacts that are similar to those of the listed uses are
prohibited. Nor shall § 151.334 be
interpreted to allow a use in one zoning district when the use in question is
more closely related to another specified use that is permissible in other
zoning districts.
(C) Without limiting the generality of the
foregoing provisions, the following uses are specifically prohibited in all
districts:
(1) Use of a motor vehicle parked on a lot as a
structure in which, out of which, or from which any goods are sold or stored,
any services are performed or other business is conducted, except that the
following shall not be prohibited solely by this section:
(a) Retail sale of food products, with a local
Health Department certification, from a vehicle that is removed from the site
each day after completion of the sales;
(b) Retail sale of goods and merchandise
manufactured, created or produced by the seller, so long as the vehicle is
removed from the site each day after the completion of sales; or
(c) Use of a truck trailer for temporary purposes
at a construction site, in accordance with § 151.211.
(2) Package treatment plant waste water disposal
systems that discharge to surface waters;
(3) Use of a travel trailer as a permanent
residence and use of a travel trailer as a temporary residence outside of a
campground, except in accordance with § 151.210;
(4) Except as specifically provided herein, there
shall be no more than one dwelling unit per lot; and
(5) No travel trailer, such as a camper or
recreational vehicle, in which a person is regularly sleeping in, cooking in,
bathing in or otherwise living in shall be allowed to remain parked in the same
or similar location on the same premises for more than 30 days in any 45 day
period without first obtaining a zoning permit.
In obtaining such zoning permit the applicant must clearly show in
writing (a) how potable water will be supplied to the travel trailer; (b) the
means for disposing of wastewater; (c) the means for disposing of trash; and
(d) an agreement by the property owner stating the length of time the travel
trailer is allowed to be located on the premises. No travel trailer shall be allowed to remain
parked in the same or similar location on the same premises for more than 90
days in any
2003 S-1
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115‑day
period. The administrator may grant a 30‑day
extension of the zoning permit providing that the trailer is otherwise in
compliance with the law (e.g. 1 through 4 above and no other violations of law)
and upon a written showing of good cause.
(D) The table of § 151.334 indicates that 4.000
classification uses generally are permissible in both the I‑1 and I‑2
zoning districts. Notwithstanding any
contrary implication in that table, the following uses are permissible only
within the I‑2 district. The use
descriptions are taken from the Standard Industrial Classification Manual,
published by the U.S. Department of Commerce, to which reference may be made
for a more complete description of each type of use.
|
S.I.C.
Number |
|||||
|
Group
No. |
Industry
No. |
Use
Description |
|||
|
201 |
2011 |
Meat
packing plants |
|||
|
201 |
2013 |
Sausages
and other prepared meat products |
|||
|
204 |
2047 |
Dog,
cat and other pet food |
|||
|
207 |
2077 |
Animal
and marine fats and oils |
|||
|
261 |
All |
Pulp
mills |
|||
|
262 |
All |
Paper
mills |
|||
|
281 |
All |
Industrial
inorganic chemicals |
|||
|
286 |
All |
Industrial
organic chemicals |
|||
|
287 |
All |
Agricultural
chemicals |
|||
|
289 |
All |
Miscellaneous
chemical products |
|||
|
291 |
All |
Petroleum
refining |
|||
|
295 |
All |
Paving
and roofing materials |
|||
|
299 |
All |
Misc.
products of petroleum and coal |
|||
|
324 |
All |
Hydraulic
cement |
|||
|
327 |
3273 |
Ready
mixed concrete |
|||
(Ord. passed
§ 151.329 ACCESSORY USES.
(A) (1) The
table of § 151.334 classifies different principal uses according to their
different impacts. Whenever an activity
is conducted in conjunction with another principal use and the former use:
2003 S-1
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(a) Constitutes only an incidental or
insubstantial part of the total activity that takes place on a lot; or
(b) Is commonly associated with the principal use
and integrally related to it, then the former use may be regarded as accessory
to the principal use and may be carried on underneath the umbrella of the
permit issued for the principal use.
(2) For example, a country club is customarily
associated with and integrally related to a residential subdivision or multi‑family
development and would be regarded as accessory to the principal uses, even
though the facilities, if developed apart from a residential development, would
require a conditional use permit (use classification 6.210).
(B) For purposes of interpreting division (A)
above:
(1) A use may be regarded as incidental or
insubstantial if it is incidental or insubstantial in and of itself or in
relation to the principal use; and
(2) To be commonly associated with a principal use
it is not necessary for an accessory use to be connected with the principal use
more times than not, but only that the association of the accessory use with
the principal use takes place with sufficient frequency that there is common
acceptance of their relatedness.
(C) Without limiting the generality of divisions (A)
and (B) above, the following activities are specifically regarded as accessory
to residential principal uses so long as they satisfy the general criteria set
forth above.
(1) An accessory use home occupation that is
conducted by a person on the same lot where the person resides provided that:
(a) The business activity is clearly incidental
and subordinate to the residential use of the property;
(b) There is no substantial visible evidence that
a business is being conducted on the premises;
(c) No vehicular or pedestrian traffic is
generated in excess of that which is reasonable for a private residence;
(d) Not more than one truck, van, car or other
vehicle which is visibly for commercial use if kept on the property, nor any
vehicle or trailer which is larger than 8 feet by 32 feet;
(e) No open storage is maintained on the property;
and
(2) Hobbies or recreational activities of a non‑commercial
nature;
2003 S-1
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(3) Yard sales or garage sales, as defined herein,
so long as the sales are not conducted on the same lot for more than 3 days,
whether consecutive or not, during any 60-day period;
(4) The sale of agricultural products, either in a
roadside stand or on a pick your own basis, from property where such products
were grown or from land that is all part of the same farm or farming operation
as the land where the products were grown shall be regarded as accessory to an
agricultural operation (use classification 14.100);
(5) A mobile home storage site may be permitted as
an accessory use within a mobile home park under the conditions set forth in §
151.215;
(6) Storage of up to four boats with a valid state
permit or license (if applicable for the boat) for personal use; storage of more than four boats with a valid
state permit or license (if applicable for the boat) for personal use is
permitted when there is at least one acre of land per each additional boat
stored over four and the storage is completely screened from adjacent
residential dwellings. Nothing in this subsection
shall be deemed to permit uses that could be classified as junkyards;
(7) The placement of an accessory building on a
lot where no residential dwelling is located, but where one is intended to be
built, for the storage of equipment related to the upkeep of that lot; or
(8) (a) Horse
stables, provided that, when located in an R‑1, R‑2 or R‑3
zoning district, the following standards shall be met.
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1. All horses boarded on that premises shall
belong to or be leased by the individual who owns and/or leases the land on
which the stable is located. Mares under
breeding contract are exempt.
2. The land on which the stable is located is at
least two acres in size.
3. No stable is within 200 feet of any existing
adjoining residential dwelling and 100 feet from any adjoining water source
(well) being used for human consumption.
4. A dwelling is not required on the property
where the stable is located.
5. Stables must be operated and maintained in a
healthy and safe manner.
(b) For the purpose of this section, the following
definition shall apply unless the context clearly indicates or requires a
different meaning.
HEALTHY AND
SAFE. Fences kept in good repair;
potable water available on demand; protection from wind or rain; a sign posted
indicating the name and phone number of the person to be contacted in case of
emergency.
(9) Piers
located on lots where no residential dwelling is located when used for the
recreational enjoyment of the property owner shall be considered as an
accessory use to the lot; and
(10) Fences,
provided they do not exceed six feet in height for residential uses. Fences exceeding six feet in height for
residential uses shall be prohibited.
Barbed wire and electric fences are prohibited in residentially platted
subdivisions not intended to accommodate livestock (such as residential farmettes whose restrictive covenants allow livestock and
that conform to county zoning requirements shall not be subject to the barbed
wire and electric fence provisions).
(D) The following activities shall not be regarded
as accessory to a residential principal use and are prohibited in residential
districts.
(1) No motor vehicle, which does not have a
current license plate and inspection sticker, shall be stored outside of an
enclosed structure, unless the same is raised up on blocks or stands to a
distance of one foot above the ground and is completely covered by a waterproof
covering material.
(2) The provisions and definitions of G.S. § 153A‑132
is adopted as a part of this chapter by reference and by adoption abandonment
of motor vehicles is hereby prohibited.
(Ord. passed
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§ 151.330 PERMISSIBLE USES NOT REQUIRING PERMITS.
No zoning,
special use or conditional use permit is necessary for the following uses:
(A) Streets;
(B) Electric power, telephone, telegraph, cable
television, gas, water and sewer lines, wires or pipes, together with
supporting poles or structures, located within a public street right-of-way;
(C) Neighborhood utility facilities located within
a public street right‑of‑way with the permission of the owner of the
right‑of‑way; and
(D) Electric power distribution lines located
within a utility easement other than major transmission lines.
(Ord. passed
§ 151.331 CHANGE IN USE.
(A) (1) A
substantial change in use of property occurs whenever the essential character
or nature of the activity conducted on a lot changes.
(2) This occurs whenever:
(a) The change involves a change from one
principal use category to another;
(b) If the original use is a combination use (use
classification 27.000), the relative proportion of space devoted to the
individual principal uses that comprise the combination use changes to an
extent that the parking requirements for the overall use are altered;
(c) If the original use is a combination use, the
mixture of types of individual principal uses that comprise the combination use
changes;
(d) If the relative proportions of different types
of dwelling units change; or
(e) If there is only one business or enterprise
conducted on the lot (regardless of whether that business or enterprise
consists of one individual principal use or a combination use), that business
or enterprise moves out and a different type of enterprise may be classified
under the same principal use or combination use category as the previous type
of business).
1. For example, if there is only one building on
a lot and a florist shop that is the sole tenant of that building moves out and
is replaced by a clothing store, that constitutes a change in use even though
both tenants fall within principal use classification 2.111.
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2. However, if the florist shop were replaced by
another florist shop, that would not constitute a change in use since the type
of business or enterprise would not have changed.
3. Moreover, if the florist shop moved out of a
rented space in a shopping center and was replaced by a clothing store, that
would not constitute a change in use since there is more than one business on
the lot and the essential character of the activity conducted on that lot (shopping
center‑combination use) has not changed.
4. Further, reuse of an existing pier by a non‑recreational
type of boat to another non‑recreational type boat shall not constitute a
change of use.
(B) (1) A
mere change in the status of property from unoccupied to occupied or vice‑versa
does not constitute a change in use.
(2) Whether a change in use occurs shall be
determined by comparing the two active uses of the property without regard to
any intervening period during which the property may have been unoccupied
unless the property has remained unoccupied for more than 180 consecutive days
or has been abandoned.
(C) A mere change in ownership of a business or
enterprise or a change in the name shall not be regarded as a change in use.
(Ord. passed
§ 151.332 COMBINATION USES.
(A) When a combination use comprises two or more
principal uses that require different types of permits (zoning, special use or
conditional use), then the permit authorizing the combination use shall be:
(1) A conditional use permit if any of the
principal uses combined requires a conditional use permit but none requires a
special use permit;
(2) A special use permit if any of the principal
uses combined requires a special use permit; and
(3) A zoning permit in all other cases.
(B) This is indicated in the table of § 151.334 by
the designation “Z,” “S” and “C” in each of the columns adjacent to the 27.000
classification.
(C) Apartments, condominiums and townhouses are
permitted in the CCD and MC districts pursuant to a special use permit. Dwelling units may only be located above
spaces in the same building
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where the space
below the dwelling unit is used for commercial purposes. In addition to any other requirements of law,
such residential units are restricted as follows:
(1) No part of the dwelling unit shall be less
than 12 feet above grade;
(2) No structure may be permitted where the space
wholly or substantially in part underneath each and every dwelling unit is not
designed and overtly intended to be used for commercial purposes.
(3) Minimum parking standards shall apply, except
that the total number of parking spaces may be reduced up to 25% upon
acceptance by the approving authority that the structure does not lend itself
to needing all of the commercial and residential parking spaces at most times
during the day and night.
(4) There shall be no interior hallways serving
more than a single, individual dwelling unit.
(Ord. passed
§ 151.333 MORE SPECIFIC USE CONTROLS.
(A) (1) Subject
hereto, whenever a development could fall within more than one use
classification in the table of § 151.334, the classification that most closely
and most specifically describes the
development controls.
(2) For example, a small doctor's office or clinic
might easily fall within the 3.110 classification (office and service
operations conducted entirely indoors and designed to attract customers or
clients to the premises).
(B) (1) However,
classification 3.130, physicians' and dentists' offices and clinics occupying
not more than 10,000 square feet of gross floor area more specifically covers
this use and therefore is controlling.
(2) Barbed wire fencing, or similar, is prohibited
in all zoning districts, except GUD.
(Ord. passed
§ 151.334 TABLE OF PERMISSIBLE USES.
The following is
the table of permissible uses.
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Use No. |
Description |
R-1 |
R-2 |
R-3 |
CCD |
NCD |
HC |
MC |
GUD |
I-1 |
I-2 |
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1.300 |
Multi-Family Residences |
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1.310 |
Multi-family conversion |
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S |
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S |
S |
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1.320 |
Multi-family town homes |
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S |
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1.330 |
Multi-family apartments |
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S |
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1.400 |
Homes Emphasizing Special Services, Treatment or Supervision |
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1.410 |
Homes for handicapped, aged or infirm |
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S |
S |
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1.420 |
Nursing care and intermediate care homes |
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S |
S |
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1.430 |
Child care homes |
S |
S |
S |
S |
S |
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S |
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1.440 |
Halfway houses |
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S |
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1.450 |
Family care home; provided there is a half-mile between them
measured from lot lines |
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S |
S |
S |
S |
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1.460 |
Family care homes for the aged |
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S |
S |
S |
S |
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1.500 |
Miscellaneous Rooms for Rent Situations |
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1.510 |
Rooming houses and boarding houses |
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S |
S |
S |
S |
S |
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1.520 |
Bed and breakfast establishments |
S |
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S |
S |
S |
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1.530 |
Tourist homes, rented by day or week |
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S |
S |
S |
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1.540 |
Hotels, motels and similar businesses |
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S |
S |
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Use No. |
Description |
R-1 |
R-2 |
R-3 |
CCD |
NCD |
HC |
MC |
GUD |
I-1 |
I-2 |
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6.200 |
Activity Conducted Primarily Outside an Enclosed Building or
Structure (Cont'd) |
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6.250 |
Automobile and motorcycle racing tracks |
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S |
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6.251 |
Competitive go-kart/ATV race tracks |
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6.260 |
Drive-in movie theaters |
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S |
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6.270 |
Private Campgrounds |
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6.271 |
Travel trailers allowed |
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S |
S |
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6.272 |
Travel trailers prohibited |
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S |
S |
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6.280 |
Petting zoo |
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S |
S |
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6.290 |
Recreational grounds |
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S |
S |
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6.300 |
Outdoor firing range facilities, subject to §§ 151.347 |
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7.000 |
Institutional Residences or Care/Confinement Facilities |
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7.100 |
Hospitals, clinics, other medical, including mental health,
treatment facilities in excess of 10,000 square feet in gross floor area |
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Z |
Z |
Z |
Z |
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S |
S |
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7.200 |
Nursing care, intermediate care, handicapped, infirm or child
care institutions |
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S |
S |
S |
S |
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7.300 |
Institutions, other than halfway houses, where mentally ill
persons are confined |
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S |
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(Ord. passed
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CONDITIONAL
AND SPECIAL USES
§ 151.345 PURPOSE OF THE CONDITIONAL AND SPECIAL USE
PERMIT.
(A) Conditional and special use permits allow flexibility
to this chapter. Subject to high
standards of planning and design, certain property uses are allowed in the
several districts where these uses would not otherwise be acceptable. By means of controls exercised through the
conditional and special use permit procedure, property uses which would
otherwise be undesirable in certain districts can be developed to minimize any
negative effects that they might have on the surrounding properties.
(B) Sections 151.325 through 151.334 sets forth
uses that may be established as a matter of right in each district. Some land uses, however, have a particular
impact on the surrounding land that cannot be determined and controlled by
general regulations. In order to insure
that these uses, in their proposed locations, would be compatible with
surrounding development, their establishment shall not be as a matter of right,
but only after review and approval as hereinafter provided.
(Ord. passed
§ 151.346 GENERAL STANDARDS.
(A) Subject to division (B) below, the Board of
Adjustment or the Board of Commissioners, respectively, shall issue the
requested permit unless it concludes, based upon the information submitted at
the hearing, that:
(1) The requested permit is not within its
jurisdiction according to the table of permissible uses;
(2) The application is incomplete; or
(3) If completed as proposed in the application,
the development will not comply with one or more requirements of this chapter,
not including those the applicant is not required to comply with under the
circumstances specified in §§ 151.360 through 151.368.
(B) Even if the permit issuing board finds that
the application complies with all other provisions of this chapter, it may
still deny the permit if it concludes, based upon the information submitted at
the hearing, that if completed as proposed, the development, more probably than
not:
(1) Will materially endanger the public health or
safety;
(2) Will substantially injure the value of
adjoining or abutting property;
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(3) Will not be in harmony with the particular
neighborhood or area in which it is to be located (even though the proposed use
and surrounding uses are generally permissible in the same district and
therefore usually compatible);
(4) Will not be in general conformity with the
land use plan, thoroughfare plan or other plan officially adopted by the board;
or
(5) Will exceed the county's ability to provide
adequate public facilities, including, but not limited to schools, fire and
rescue, law enforcement and other county facilities. Applicable state standards and guidelines
shall be followed for determining when public facilities are adequate. The facilities must be in place or programmed
to be in place within two years after the initial approval of the sketch
plan. In the case of subdivision and
multi-family development at the sketch plan/special use, preliminary plat or
final plat stage, the Board of Commissioners may establish time limits on the
number of lots/units available for development to assure adequate public
facilities are available in accordance with § 151.510.
(Ord. passed
§ 151.347 SPECIFIC STANDARDS.
(A) In addition to complying with the general
standards of § 151.346, uses listed under this section shall comply with the
provisions contained herein.
(B) Home occupation not considered an accessory
use home occupation, as defined in §§ 151.325 through 151.334:
(1) A sign may not exceed six square feet (two
feet by three feet);
(2) Open or exterior storage, including storage in
structures not constructed with similar materials as that of the principle
structure, must be fenced with opaque fencing;
(3) A permit to construct an accessory building or
addition must conform in appearance to existing primary or accessory structures
and may not have a commercial appearance;
(4) The use does not disturb or intrude upon the
residential character of the subject property or the surrounding neighborhood;
and
(5) The following is prohibited:
(a) Any on‑premises retail sales of goods
not produced on‑site;
(b) More than two persons not a resident on the
premises are employed in connection with the purported home occupation;
218
(c) The use creates objectionable noise, fumes, odor,
dust or electrical interference;
(d) More than one motor vehicle that is used in
connection with the purported home occupation is regularly kept on the property
or the adjacent street; and
(e) More than 25% of the total gross floor area of
residential buildings, plus other buildings housing the purported home
occupation or more than 1,000 square feet of gross floor area, whichever is
less, is used for home occupation purposes.
(C) Recreation grounds, but not a recreation
campground may be permitted provided that the following conditions are met:
(1) Minimum area for creation of a recreation
ground shall be 20 acres under single ownership or control.
(2) Recreation grounds must be operated by a
non-profit group.
(3) Cottages, cabins or dormitory buildings must
be constructed of such a nature that they will not be feasiblely
adaptable for year round occupancy.
(4) The minimum size of cottage, cabin or
dormitory building shall be not less than 640 square feet.
(5) There shall be a buffer of not less than 100
feet between all building and the nearest property line.
(6) The facilities shall not accommodate more than
ten persons per acre for overnight occupancy.
(7) A site plan drawn to scale shall be presented
to the Board of Adjustment with other supporting materials for approval.
(D) Recreation campgrounds:
(1) Recreation campgrounds are permitted only with
a special use permit in GUD districts.
The following uses are permitted:
(a) Use of transportable recreational housing,
other than for long term occupancy or dwelling units; and
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(b) Establishments for the sale or rental of
supplies or for provisions or services, for the satisfaction of daily or
frequent needs of campers. The
establishments include those providing groceries, ice, sundries, bait, fishing
equipment, self‑serving laundry equipment and the like, designed to serve
only the needs of campers within the campground, but shall not, including the
associated parking area(s), occupy more than 2% of the area of the campground
and shall not be so located as to attract patronage from outside the grounds,
nor to have adverse effects on surrounding land uses.
(2) Minimum dimensional requirements:
(a) Minimum area for creation of a recreational
campground shall be ten acres under single ownership or control. At the opening of any recreational campground
for occupancy by units, all required facilities and improvements shall have
been completed and the minimum number of spaces available and ready for
occupancy shall be 20. Minimum size for
a single camper space shall be 3,000 square feet.
(b) Recreation area shall be not less than 8% of
the area of the recreational campground shall be devoted to recreational
area. The recreation area may include
space for common walkways and related landscaping in block patterns (passive
recreational area), provided that the common open space is at least 20 feet in
width. At least half of the total
required recreational area shall be improved with facilities for active
recreation such as swimming pools or beaches, ballfields,
shuffleboard courts, play lots for small children and the like, or of a nature
so designed to serve the type of campers anticipated and so located as to be
readily available from all spaces and free from traffic hazards.
(3) Camping is a permitted use of land only in
recreation campgrounds.
(E) (1) A
20-foot buffer, in addition to the side and rear setbacks, shall be required
where the use abuts residential use or a residential zone. The buffer may be reduced to ten feet where
substantial vegetation or opaque fencing at least six feet high is present.
(2) Buffer and setback areas in the side and rear
may not be used for parking.
(3) No open storage shall be permitted. All materials, supplies or products shall be
stored under roof or shall be screened from view with opaque fencing. This shall not apply to finished products
presented in the open for display and sale.
(4) Light industrial use must include retail sales
on the premises.
(5) The use shall not generate more noise, smoke,
odor, fumes, vibrations or other disturbance than is characteristic of
permitted business uses located within 1,000 feet in any direction when
observed, measured or monitored from the closest property line. In cases where the monitoring, measuring or
observation is required, it shall be the responsibility of the applicant to
provide adequate information to the Board of Adjustment.
220
(6) In no case shall any use listed in the table
set forth in § 151.334, as permissible only within the I‑2 zoning
district, be permissible within any commercial zoning district.
(F) (1) Within
500 feet of any building that houses the 4.100 use there are no residences that
are occupied or held ready for occupancy or under construction on the day the
permit is issued.
(2) An opaque (Type A) screen shall be installed
to shield neighboring property from the view of any building that houses the
4.100 use. If a fence is used to
accomplish the opaque screen, evergreen vegetation shall be planted outside of
the screen such that, within six years, the fence will not be visible from a
distance of at least ten feet. A semi‑opaque
(Type B) screen shall be required along all street rights‑of‑way. Existing vegetation shall be preserved to the
maximum extent possible.
(3) The proposed use will not require and will not
allow truck pick‑up or delivery traffic before
(4) The total gross floor area of any buildings
that house the 4.100 use may not exceed 2,000 square feet. However, cabinet shops may exceed 2,000
square feet.
(5) The maximum square footage of sign surface
area advertising the proposed use shall be 16 square feet for a wall mounted
sign and ten square feet for a freestanding sign. Not more than one sign may be erected on the
site. The maximum height for a
freestanding sign shall be five feet.
(6) The proposed use will not substantially injure
the value of adjoining or neighboring properties, and the burden of proof on
this issue lies with the applicant.
However, if the applicant presents a petition, signed by the owners of
all properties entitled to receive notice of the hearing on the application pursuant
to § 151.551, and stating that the property owners believe their property
values will not be adversely affected by the proposed use, this shall be
sufficient evidence from which the Board may make the required finding.
(7) All structures shall be constructed in a
manner so as to blend in with the character of the area taking into
consideration height, size, exterior materials, windows, doors and other
related exterior features. All
applications must be accompanied by building elevations of proposed structures
and a lighting plan.
(8) No retail sales of products shall be
permitted.
(9) Structures shall be setback a minimum of 75
feet from any street right‑of‑way and 25 feet from all other
property lines.
(10) All
refuse containers shall be located at the rear of the structure.
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(11) In
no case shall any use listed in the table set forth in § 151.334, as
permissible only within the I‑2 zoning district, be permissible within
any R‑1, R‑2, R‑3 or GUD zoning district.
(G) (1) Utility
buildings or buildings used to house equipment or facilities owned by a public
utility, as defined in G.S.§ 62‑3(23), are permissible in the R‑1,
R‑2, R‑3 and GUD district with a conditional use permit or special
use permit according to the table of § 151.334.
Storage of vehicles or equipment outside the storage building shall be
permitted only within the area that is screened as provided in division (G)(2)
below.
(2) Except as provided in division (G)(3) below,
the utility building authorized by this section shall be fully screened on all
sides by opaque fencing from the ground to a height of at least eight feet. The
opaque screening may consist of a wall, fence, retained vegetation or planted
vegetation. If planted vegetation is
used, it must satisfy the standard set forth herein within three years after
planting. Continued maintenance of the screening (including replanting, if
necessary) shall be a continuing condition of the permit.
(3) The screening specified in division (G)(2)
above shall not be required if there is no outside storage of vehicles or
equipment and if the building is designed and constructed (including types of
exterior materials) so that it is compatible with other residences in the
subdivision is not intended to limit the authority of the Board of Adjustment to
consider and apply the general standards set forth herein.
(4) Four feet by four feet by four feet or smaller
utility buildings will be allowed to setback five feet from all side and rear
property lines. All utility buildings
100 square feet or less may be located ten feet from all side and rear property
lines. All others will comply with the
setbacks as contained within this chapter.
(H) (1) The
building that houses the dwelling unit may not be expanded by more than 10% of
its original floor area, nor may rooms for rent be added onto or created within
accessory buildings.
(2) Not more than one sign advertising the
existence of a bed and breakfast operation may be erected on the lot where the
use is located. No side of this sign may
exceed six square feet in surface area nor be located within a street right‑of‑way. The sign may not be internally illuminated.
(3) The building was designed and used as a single‑family
detached dwelling prior to the effective date of this chapter.
(I) (1) In
deciding whether a permit for a special event should be denied for any reason
specified herein or in deciding what additional conditions to impose under §§
151.495 through 151.518, the Board of Commissioners shall ensure that:
(a) The hours of operation allowed shall be
compatible with the uses adjacent to the activity;
(b) The amount of noise generated shall not
disrupt the activities of adjacent land uses;
2003 S-1
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(c) The applicants shall guarantee that all litter
generated by the special event be removed at no expense to the county; and
(d) The Board of Commissioners shall not grant the
permit unless it finds that the parking generated by the event can be
accommodated without undue disruption to or interference with the normal flow
of traffic or with the right of adjacent and surrounding property owners to the
beneficial use and enjoyment of their property.
(2) In cases where it is deemed necessary, the
Board may require the applicant to post a bond to ensure compliance with the
conditions of the special use permit.
(3) If the permit applicant requests the county to
provide extraordinary services or equipment or if the county otherwise
determines that extraordinary services or equipment should be provided to
protect the public health or safety, the applicant shall be required to pay to
the county a fee sufficient to reimburse the county for the costs of these
services. This requirement shall not
apply if the event has been anticipated in the budget process and sufficient
funds have been included in the budget to cover the costs incurred.
(J) Class B manufactured homes may be placed
temporarily on a lot upon which a permanent single‑family dwelling is to
be built in the R‑1 district. No
manufactured home shall remain on the lot for more than five years with an
allowance of 2 one‑year extensions upon annual approval by the Board of
Adjustments. All property owners within
500 feet of the lot, as shown on the county tax records, must give approval of
the initial temporary use request.
(K) In the event that a Building Inspector has
found a site built home as being unfit for human habitation, the dwelling unit
may be replaced with a Class B mobile home subject to the following:
(1) A special use permit must be obtained from the
Board of Commissioners. If granted, the
special use permit shall be in the applicant’s name and shall not run with the
land. The right to maintain a Class B
mobile home under these provisions shall not be transferred to another owner or
occupant.
(2) The special use permit shall be valid for one
year and may be renewed annually by the Administrator provided the replacement
home has not been completed. The
Administrator may renew the permit up to a maximum of two times after which the
mobile home must be removed from the property.
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(3) The Class B mobile home shall be removed
within 30 days after the replacement home is occupied.
(4) The Class B mobile home shall meet the
following appearance criteria.
(a) The roofing material must be compatible with
residential construction within the area in which it is to be located.
(b) The exterior materials shall be of a color,
material and scale comparable with those existing in residential construction
and in no case shall the degree of reflection of exterior finishes exceed that
of gloss white paint. Siding, trim and
features should be compatible with residential construction.
(c) The wheels shall not be removed.
(d) Transportation lights shall be removed.
(e) The mobile home shall be underpinned with
removable materials to allow easy removal of the mobile home from the lot.
(L) Agribusiness uses are permissible within the
GUD district pursuant to a special use permit, if not otherwise permitted by a
zoning permit, only if the proposed use satisfies the following requirements:
(1) No building or structure that houses any part
of the agribusiness use may be located within 500 feet of any pre‑existing
residence (other than a residence owned by the applicant) that is occupied,
held ready for occupancy or under construction on the date the permit is
issued.
(2) The proposed use will not substantially injure
the value of adjoining or neighboring properties, and the burden of proof on
this issue lies with the applicant.
However, if the applicant presents a petition, signed by the owners of
all properties entitled to receive notice of the hearing on the application
pursuant hereto, and stating that the property owners believe their property
values will not be adversely affected by the proposed use, this shall be
sufficient evidence from which the Board may make the required finding.
(3) The maximum square footage of sign surface
area advertising the proposed use shall be 32 square feet, and not more than
one freestanding sign may be erected.
(M)The Board of
Commissioners may issue a special use permit to allow the adaptive reuse of
historic property whenever it concludes that:
(1) The tract for which the special use permit is
sought contains property that is listed on the National Register of Historic
Places;
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(2) Any property proposed to be covered in the
special use permit that is not part of the tract listed on the Register is
integrally related to the property such that its coverage under the special use
permit is warranted for aesthetic and planning, or economic reasons;
(3) Uses otherwise permissible in the district
where the property is located do not seem to provide a practical opportunity or
offer sufficient incentive to renovate and reuse the historic property; and
(4) The property can be developed for the use
proposed without creating any substantially adverse impact on surrounding
properties, or any adverse impact is outweighed by the benefits of preserving
the historic character of the property.
(N) The table of § 151.334 indicates that some
3.100 classification uses are permissible within the R‑1, R‑2, R‑3
and GUD districts with a special use permit issued by the Board of Adjustment. However, the Board of Adjustment may
authorize the uses in these districts only when, in addition to other findings
required by this chapter, the applicant demonstrates that:
(1) The proposed use fronts on a paved public
street; or
(2) The size, scale, and nature of the proposed
use do not make it incompatible with surrounding residential uses. In making this determination, it shall be
recognized that the primary intent of this section is to allow the kinds of
small scale, professional offices that have traditionally been permitted in
residential districts along major thoroughfares in the county, such as the
individual offices of doctors,
attorneys, and real estate brokers. This
section is not intended to authorize in residential districts general office
buildings rented to multiple tenants.
(O) (1) Junkyards
shall be allowed in heavy industrial districts only with a special use
permit. A junkyard is not permitted in
any other zoning district.
(2) A junkyard may not be placed within 1,000 feet
of a primary highway right‑of‑way.
(3) Junkyards shall be screened so as not to be
visible from:
(a) Any state-maintained road using a minimum
six-foot privacy fence; or
(b) Screening from adjacent residential or non‑residential
properties is also required.
(4) Specific conditions:
(a) Burning of non‑vegetative matter shall
not be permitted.
(b) Disposal of garbage unrelated to motor
vehicles shall be in an approved container and regularly maintained. Open dumping of garbage shall be prohibited.
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(c) Disposal of toxic/hazardous matter is
prohibited anywhere in the county without a state permit and a special use
permit from the county, in an approved site.
(d) Stock piling of tires and batteries is prohibited.
(e) Drainage of junkyards shall be adequate to
assure that no standing water shall exist.
(f) Weeds and vegetation shall be kept at a
height not to exceed 12 inches.
(g) Storage of vehicles shall be so arranged as to
permit easy access to all junk for fire‑fighting purposes.
(h) A soil erosion and sedimentation control plan
shall be submitted according to the State Erosion and Sedimentation Control Act
and a copy must be kept on file in the Administrator's office.
(P) (1) Off-street
parking shall be provided with a minimum of three spaces per stand or rented
space.
(2) Sanitary facilities shall be provided with
facilities for both the male and female gender.
(3) There shall be provisions for garbage or trash
removal for each day the flea market is open to the public.
(4) Hours of operation shall be determined by the
Board of Adjustment.
(5) All rental spaces and buildings shall maintain
a 50-foot setback from all residentially used property lines and meet the
setbacks for principle uses along all other property lines.
(Q) Land application of commercial sludge and
commercial septage is permitted only with a special use permit in GUD districts provided
the following conditions are met.
(1) A permit must be obtained by the applicant
from the appropriate county or state agency which has authority to issue
required permits prior to land application of sludge or septage.
(2) All conditions stated in the appropriate
county or state permit shall be strictly adhered to.
(3) The special use permit may or may not be
issued by the Board of Adjustment after conducting an advertised public hearing
to hear all matters regarding this application.
(4) This special use permit requirement shall be
limited to commercial operations of land application of sludge and septage.
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(5) The site shall be inspected by the local
Health Department every two months.
Further, septage operations shall have soil
tested annually. Soil shall be tested
semi‑annually if lime is used for stabilization.
(6) “No Trespassing” signs shall be posted at
access roads or paths crossing or leading to the disposal area and a legible
sign of at least two feet by two feet stating, “Septage”
or “Sludge Disposal Area” shall be posted at the entrance to the disposal area.
(7) Land application of sludge shall occur only
during daylight hours. Septage shall be applied so as to have no standing surface
collection of liquid within 24 hours after application.
(8) Upon issuance of the special use permit, the
property owner shall record the special use permit in the
(9) The applicant must notify the local Health
Department at least ten days prior to beginning land application of sludge and
at least ten days prior to beginning further sludge operations if operations
are conducted on an intermittent basis and have ceased for more than 30 days.
(10) The
applicant shall submit to the local Health Department copies of all reports
submitted to the appropriate state permitting agency concerning land
application operations.
(11) The
special use permit will be non‑transferable.
(12) Failure
to properly abide by the aforementioned conditions will result in the immediate
revocation of the special use permit.
(13) In
addition to the setbacks required by the appropriate state agency, the
following setbacks and other standards are required:
(a) For commercial sludge:
1. Within 1,000 feet to 1,500 feet of an
existing residential or commercial structure: 1,000 feet setback with
appropriate vegetated/woodland buffer as deemed suitable by the Board of
Adjustments.
2. Within 1,500 feet to 2,000 feet of an
existing residential or commercial structure: vegetated/woodland buffer may be
required by the Board of Adjustments.
3. Greater than 2,000 feet to an existing
residential or commercial structure: no
buffer required.
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4. From a private or public water well: 1,000 feet.
5. From any property line: 100 feet.
(b) For commercial septage:
1. Five hundred feet from an existing
residential or commercial structure; however, if excessive complaints from
neighbors, then setback of 1,000 feet or lime stabilization may be required;
2. One hundred feet from any property line under
separate ownership or control and any public right‑of‑way;
3. Five hundred feet from potable water (well or
spring); wells other than monitoring:
200 feet; abandoned wells: 50
feet;
4. Setbacks from surface waters shall be in
accordance with 15A NCAC 13B.0815 through 13B.0827, Septage
Management Rules of the state;
5. Ground water lowering ditches and
devices: 100 feet;
6. Septage disposal
sites shall not be located on a slope greater than 12%;
7. Soil texture, soil wetness and depth to rock
standards shall be in accordance with 15A NCAC 13B.08105 through 13B.0827, Septage Management Rules of the state;
8. No hazardous wastes shall be disposed of on‑site;
industrial or solid wastes shall not be disposed of on‑site without prior
approval by the state; and
9. Soil pH shall be maintained at 6.5 or greater
at all times. Soil erosion and runoff
for the site shall be in accordance with 15A NCAC 13B.0815 through 13B.0827, Septage Management Rules of the state.
(R) (1) The
purposes of these regulations is to encourage the effective and timely
development of land for shopping centers; to assure suitable design in order to
protect public and private investment; to ensure compatibility with neighboring
uses; and to minimize traffic congestion.
(2) The permitted uses are all uses as found in
the HC and MC zoning districts.
(3) Development standards:
(a) Minimum tract size: four acres.
(b) Maximum lot coverage: 30% of the tract inclusive of any lot located
within the development.
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(c) Setback lines:
1. Street setback for building: in accordance with the provisions of §
151.063;
2. Street setback for vehicular accommodation
area: in accordance with the provisions
of § 151.063; and
3. Side and rear lot boundary setback for
buildings and all other uses of property (such as parking, storage, mechanical
equipment and the like: 20 feet, except
where provisions of this code require greater setbacks. Setbacks do not apply to side and rear lot lines
located within the interior of the tract provided all fire codes are met and
all lots are provided with adequate utility easements.
(d) The tract shall be separated from adjoining
streets by a curb.
(e) One driveway per street front having less than
600 feet of street frontage; two driveways per street front for tracts having
between 600 feet of street frontage and 800 feet of street frontage; and three
driveways per street for tracts having more than 800 feet of street frontage
provided the original tract is not a corner lot. These provisions apply to the boundaries of
the original tract and are inclusive of any out-parcels created. Further, depending upon the traffic impact
analysis, deceleration lanes may be required.
All accesses shall be located in a way as to prevent traffic hazards,
congestion or other negative impacts.
(f) Driveways:
36 feet maximum width; setback from street intersections a minimum of
150 feet; located a minimum of 50 feet from any exterior property line of the
tract; and minimum 400 feet between driveways providing access to the
tract. This distance may be reduced when
aligning driveways with streets or driveways on the opposite side of the road
to promote safety. However, in no case
may the separation between driveways be less than 150 feet.
(g) All parking areas and access ways shall be
floodlighted at night during business hours. All outside lighting shall be
arranged and shielded to prevent glare or reflection, nuisance, inconvenience
or hazardous interference of any kind on adjoining streets or residential
properties.
(h) Along all street rights-of-way and along all
exterior property lines that adjoin a non- residential zone and/or a permitted
non-residential use: Type “C” broken
screen landscaping; along all exterior property lines that adjoin a residential
zone and/or a permitted residential use:
Type “A” opaque screen landscaping; parking lot shading shall be in
accordance with the standards established in this chapter.
(i) Except as
specifically provided in this section, all other regulations established in
this chapter that are applicable to the proposed development shall be met.
(4) A traffic impact analysis shall be submitted
containing the following information:
(a) General site and land use description;
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(b) Trip generation: number of trips to be
generated; the volume of existing/background traffic on roads adjacent to and
within ½ mile of the tract; the heaviest hourly volume of traffic expected to
be generated by the site; and the volume ratio of inbound and outbound trips to
the site;
(c) Directional distribution of the vehicle trips;
(d) Assignment of vehicle trip volumes to the
roadway network; and
(e) Capacity analysis to include among other
things a discussion on traffic volumes, driveway locations, spacing between
intersection signals, thoroughfare plans, internal traffic flow and parking
layout, pedestrian access, steps taken to alleviate traffic circulation
problems and any other information as deemed necessary by the Planning
Department.
(5) A market analysis shall be submitted
containing the following information:
(a) Trade area of the proposed shopping center;
(b) Population of the trade area, present and
projected;
(c) Effective buying power in the trade area;
(d) Net potential customer buying power for stores
in the proposed shopping center and on the basis of the buying power, the
recommended store types and store floor area; and
(e) Fiscal analysis of projected sales revenue and
projected sales tax revenue.
(6) Signs:
(a) Freestanding signs: one freestanding sign announcing the name of
the shopping center and/or tenants per street frontage; 20 feet above road bed
maximum height but in no case over 25 total height; 200 square feet maximum
area for signs that are setback at least ten feet from any right‑of‑way
and 30 feet setback from any adjoining property line; signs 100 square feet in
area and under that are no higher than ten feet in total height shall not be
required to observe setbacks from street rights-of-way, but shall be subject to
a 10-foot by 35-foot sight triangle.
(b) Wall signs:
one and one‑half square feet of sign area per one foot of building
width were the use is located provided the sign is placed on a wall that is
oriented towards a public street, public vehicular access, public drive aisle
leading to public parking or public entrance all uses allowed at least a 50
square foot minimum wall sign; no wall sign may project more than three feet
from the structure to which it is attached nor may it extend above the roof
line.
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(7) Information required/submittal requirements:
(a) Applicants shall provide all information
listed in § 151.312, in addition to the following:
1. Location and dimensions of pedestrian
entrances, exits, walks and walkways;
2. Architectural sketches of the proposed
building(s);
3. Location and dimensions of all vehicular
entrances, exits and drives opposite of the proposed site;
4. Location, size, height and orientation of all
signs other than those located on the facade of the building;
5. The stages, if any, to be followed in the
construction of the shopping center; and
6. Natural features existing on the site prior
to and after development.
(b) Applicants shall submit, along with all other
required information, ten black or blueline copies of
the map at a scale of one inch equals 50 feet or larger along with one, 8½‑inch
by 11‑inch reduced copy.
(c) All required information shall be submitted to
the Planning Department no later than 30 working days prior to the Planning
Board meeting date at which it is scheduled to be heard.
(S) The following minimum development standards
shall apply to all shooting ranges which utilize firearms:
(1) Use is only permitted with the issuance of a
special use permit.
(2) The use is allowed within the HC, GUD, I‑1
and I‑2 districts with the issuance of a special use permit.
(3) The design criteria cited in the Military
Handbook ‑ Range Facilities and Miscellaneous Training Facilities Other
Than Buildings (MIL‑HDBK‑1027/3B), as amended or superseded or the
National Rifle Association Range Manual, as amended or superseded shall be met.
(4) The proposed shooting range shall be reviewed
by and comments received from the
(5) No firing activities shall occur between the
hours of 10:00 p.m. to 7:00 a.m. EST daily.
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(6) Alcohol consumption shall be prohibited before
and during range operations, but shall be allowed after the range is closed
provided proper permits are obtained.
(7) The adjacent areas to the proposed range shall
be predominantly undeveloped.
(8) All areas within the proposed range,
including, but not limited to firing area(s), backstops, downrange safety
zones, parking and accessory areas and the like shall be under uniform control
or ownership. The minimum downrange
safety area shall be essentially fan‑shaped, with its vertex being the
center of the firing line and extending 1,200 yards in length along the 90-degree
arc of a circle, plus 5,500 yards along the direct fire line for high power
rifle uses or 800 yards in length along the 90-degree arc of a circle, plus
3,000 yards along the direct fire line for pistol uses and 300 yards in length
along the 90-degree arc of a circle, plus 300 yards along the direct fire line
for shotgun uses. The safety area shall
not encompass any public right‑of‑way or other property not owned
by range operator or owner.
(9) The operators of an outdoor range must provide
proof of coverage by adequate accident and liability insurance. A minimum coverage of $2,000,000 shall be
established.
(10) The
site or area used as a shooting range shall be enclosed by a six-foot high
fence or otherwise restricted by natural physical features (such as swamps,
bodies of water, and the like) so that access to the site is controlled to
insure the safety of patrons, spectators and the public at large. Warning signs shall be posted along the fence
every 100 feet.
(11) All
shooting stations and backstops, when utilized, shall be at least 900 feet from
any property line regardless of the direction of fire unless the applicant can
provide noise or safety test evidence to show that a lesser distance may be
acceptable.
(12) All
parking areas, vehicle accommodation areas, driveways and the like shall meet
standards for parking as stated in this chapter.
(13) Weapon
types will be restricted to pistol, rifle and shotgun or similar. No automatic assault type weapon shall be
used by the general public, but will be allowed by any law enforcement,
military or federal agency group duly authorized to use these style
weapons. Limits on caliber size shall be
in accordance with the National Rifle Association Range Manual subject to the
physical constraints of the property.
(14) No
concussion type of explosives will be permitted.
(15) No
military, para‑military or militia type
activities or maneuvers, including, but not limited to hand‑to‑hand
combat training, swamp or guerrilla warfare techniques, no incendiary type
firings, infiltration course type training and the like be permitted.
(16) All
actual firing activities will be directed toward either moving or stationary
targets only.
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(17) Any
overnight or temporary storage of weapons and/or ammunition must meet the
Department of Defense storage and stand‑off safety standards.
(18) Any
activity not specifically mentioned within the foregoing shall be prohibited.
(T) Home‑based commercial fishing.
(Ord. passed
NONCONFORMING
SITUATIONS
§ 151.360 DEFINITIONS.
For the purpose
of this subchapter, the following definitions shall apply unless the context
clearly indicates or requires a different meaning.
DIMENSIONAL
NONCONFORMITY. A nonconforming situation
that occurs when the height, size or minimum floor space of a structure or the
relationship between an existing building or buildings and other buildings or
lot lines does not conform to the regulations applicable to the district in
which the property is located.
EFFECTIVE DATE
OF THIS CHAPTER. Whenever referred to in
this subchapter, the reference shall be deemed to include the effective date of
any amendments to this chapter if the amendment, rather than this chapter, as
originally adopted, creates a nonconforming situation.
EXPENDITURE. A sum of money paid out in return for some
benefit or to fulfill some obligation.
The term also includes binding contractual commitments to make future
expenditures, as well as any other substantial changes in position.
NONCONFORMING
NONCONFORMING
PROJECT. Any structure, development
or undertaking that is incomplete on the effective date of this chapter and
would be inconsistent with any regulation applicable to the district in which
it is located if completed as proposed or planned.
NONCONFORMING
SIGN. A sign that on the
effective date of this chapter does not conform to one or more of the
regulations set forth in this chapter.
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NONCONFORMING
SITUATION. A situation that occurs
when, on the effective date of this chapter, an existing lot or structure or
use of an existing lot or structure does not conform to one or more of the
regulations applicable to the district in which the lot or structure is located. Among other possibilities, a NONCONFORMING
SITUATION may arise because a lot does not meet minimum acreage
requirements, because structures exceed maximum height limitations, because the
relationship between existing buildings and the land, in such matters as
density and setback requirements, is not in conformity with this chapter,
because signs do not meet the requirements of §§ 151.415 through 151.418,
or because land or buildings are used for purposes made unlawful by this
chapter.
NONCONFORMING
STRUCTURE. Any structure which does
not conform to the regulation of structures for this chapter for the district
in which it is located either at the effective date of this chapter or as a
result of subsequent amendments which may be incorporated into this chapter,
but was either conforming or not subject to regulation previously.
NONCONFORMING
USE. A nonconforming situation
that occurs when property is used for a purpose or in a manner made unlawful by
the use regulations applicable to the district in which the property is
located. For example, a commercial
office building in a residential district may be a nonconforming use. The term also refers to the activity that
constitutes the use made of the property.
For example, all the activity associated with running a bakery in a
residentially zoned area is a nonconforming use.
(Ord. passed
§ 151.361 CONTINUATION OF NONCONFORMING SITUATIONS AND
COMPLETION OF NONCONFORMING PROJECTS.
(A) Unless otherwise specifically provided in these
regulations and subject to the restrictions and set forth in this subchapter,
nonconforming situations that were otherwise lawful on the effective date of
this chapter may be continued.
(B) Nonconforming projects may be completed only
in accordance with the provisions of this subchapter.
(Ord. passed
§ 151.362 NONCONFORMING LOTS.
(A) This section applies only to undeveloped
nonconforming lots. A lot is undeveloped
if it has no substantial structures upon it.
A change in use of a developed nonconforming lot may be accomplished in
accordance with § 151.365.
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(B) When a nonconforming lot can be used in
conformity with all of the regulations (other than the area and width
requirements) applicable to the district in which the lot is located, then the
lot may be used as proposed just as if it were conforming. However, no use (such as a two‑family
residence) that requires a greater lot size than the established minimum lot
size for a particular zone is permissible on a nonconforming lot.
(C) When the use proposed for a nonconforming lot
is one that is conforming in all other respects, but the applicable setback
requirements cannot reasonably be complied with, then the entity authorized by
this chapter to issue a permit for the proposed use (the Administrator, Board
of Adjustment or Board of Commissioners) may allow deviations from the
applicable setback requirements if it finds that:
(1) The property cannot reasonably be developed
for the use proposed without the deviations;
(2) These deviations are necessitated by the size
or shape of the nonconforming lot; and
(3) The property can be developed as proposed
without any significantly adverse impact on surrounding properties or the
public health or safety.
(D) For purposes of division (C) above, compliance
with applicable building setback requirements is not reasonably possible if a
building that serves the minimal needs of the use proposed for the
nonconforming lot cannot practicably be constructed and located on the lot in
conformity with the setback requirements.
However, mere financial hardship does not constitute grounds for finding
that compliance is not reasonably possible.
(E) Any subdivision having been given a minimum of
preliminary plat approval from the Planning Board prior to the effective date
of this chapter, shall be subject to the subdivision design standards in effect
as of
(Ord. passed
§ 151.363 EXTENSION OR ENLARGEMENT OF NONCONFORMING
SITUATIONS.
(A) Except as specifically provided in this
section, no person may engage in any activity that causes an increase in the
extent of nonconformity of a nonconforming situation. In particular, physical alteration of
structures or the placement of new structures on open land is unlawful if the
activity results in:
(1) An increase in the total amount of space
devoted to a nonconforming use; or
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(2) Greater nonconformity with respect to
dimensional restrictions such as setback requirements, height limitations or
density requirements or other requirements such as parking requirements.
(B) Subject to division (D) below, a nonconforming
use may be extended throughout any portion of a completed building that, when
the use was made nonconforming by this chapter, was manifestly designed or
arranged to accommodate the use.
However, a nonconforming use may not be extended to additional buildings
or to land outside the original building.
(C) A nonconforming use of open land may not be
extended to cover more land than was occupied by that use when it became
nonconforming, except that a use that involves the removal of natural materials
from the lot (such as a sand pit) may be extended to the boundaries of the lot
where the use was established at the time it became nonconforming if 10% or
more of the earth products had already been removed on the effective date of
this chapter.
(D) The volume, intensity or frequency of use of
property where a nonconforming situation exists may be increased and the equipment
or processes used at a location where a nonconforming situation exists may be
changed if these or similar changes amount only to changes in the degree of
activity rather than changes in kind and no violations of other divisions of
this section occur.
(E) Notwithstanding division (A) above:
(1) Any structure used for single‑family
residential purposes (other than a Class “B” or “C” mobile home) may be
enlarged or replaced with a similar structure so long as the enlargement or
replacement does not create new nonconformities or increase the extent of
existing nonconformities with respect to such matters as setback and parking
requirements.
(2) A nonconforming Class “B” or “C” mobile home
(located outside a mobile home park) may be replaced with a Class “B” mobile
home that was manufactured in the same year or later than the home being
replaced and is as large or larger than the home being replaced, so long as:
(a) The replacement mobile home is moved onto the
lot within 60 days of removal of the original mobile home;
(b) All necessary permits have been issued by the
local Health Department relating to the installation and operation of a
satisfactory sewage treatment system; and
(c) Underpinning of all‑weather base
material is placed around the mobile home.
(F) Notwithstanding division (A) above, the
Administrator may issue a zoning permit authorizing a permanent addition to a
nonconforming mobile home if all other requirements of this chapter are met.
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(G) (1) Notwithstanding
division (A) above, whenever:
(a) There exists a lot with one or more structures
on it;
(b) A change in use that does not involve any
enlargement of a structure is proposed for the lot; and
(c) The parking or loading requirements of
§§ 151.110 through 151.123 that would be applicable as a result of the
proposed change cannot be satisfied on the lot because there is not sufficient
area available on the lot that can practicably be used for parking or loading,
then the proposed use shall not be regarded as resulting in an impermissible
extension or enlargement of a nonconforming situation.
(2) However, the applicant shall be required to
comply with all applicable parking and loading requirements that can be
satisfied without acquiring additional land, and shall also be required to
obtain satellite parking in accordance with § 151.119 if:
(a) Parking requirements cannot be satisfied on
the lot with respect to which the permit is required; and
(b) The satellite parking is reasonably available.
(3) If the satellite parking is not reasonably
available at the time the zoning or special use or conditional use permit is
granted, then the permit recipient shall be expected to provide satellite
parking upon its availability. This
requirement shall be a continuing condition of the permit.
(H) Notwithstanding any other provision of this
chapter, additional right‑of‑way along an existing street may be
condemned, and a property owner may at the request of the county or state,
dedicate or convey additional right‑of‑way even if the
condemnation, conveyance or dedication results in the creation of a
nonconforming situation.
(Ord. passed
§ 151.364 REPAIR, MAINTENANCE AND RECONSTRUCTION.
(A) With respect to structures located on property
where nonconforming situations exists:
(1) Repair and maintenance are encouraged;
(2) Subject to the remaining provisions of this
section, renovation, restoration or reconstruction work is permissible so long
as the work seeks only to refurbish or replace what previously existed and no
violation of this subchapter occurs;
(The fact that renovation, restoration or reconstruction work may
require a permit under §§ 151.495 through 151.518 shall not make the work
impermissible so long as the work is otherwise consistent with this section.)
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(3) Renovation, restoration or reconstruction
shall be allowed if:
(a) The work is estimated to not cost more than
25% of the appraised value of the structure to be renovated, restored or
reconstructed; and
(b) The need for the work is not the result of
damage to the structure intentionally caused
by a person with an ownership interest in the structure.
(4) Renovation, restoration or reconstruction work
estimated to cost more than 25% of the appraised value of the structure to be
renovated, restored or reconstructed shall only be permissible if the permittee or property owner complies to the extent
reasonably possible with all provisions of this chapter applicable to the
existing use, except that the right to continue a nonconforming use or maintain
a nonconforming level of density shall not be lost.
(B) For the purpose of this section, the following
definitions shall apply unless the context clearly indicates or requires a
different meaning.
APPRAISED VALUATION. Either the appraised valuation for property
tax purposes, updated as necessary by the increase in the consumer price index
since the date of the last valuation or the valuation determined by a
professionally recognized property appraiser.
COST. The total cost of all intended work and no
person may seek to avoid the intent of division (A) above by doing the work
incrementally.
COST OF
RENOVATION, RESTORATION OR RECONSTRUCTION. The fair market value of the materials and
services necessary to accomplish the renovation, restoration or reconstruction.
(C) Compliance with a requirement of this chapter
is not reasonably possible if compliance cannot be achieved without adding
additional land to the lot where the nonconforming situation is maintained or
moving a substantial structure that is on a permanent foundation. Mere financial hardship caused by the cost of
meeting the requirements as paved parking does not constitute grounds for
finding that compliance is not reasonably possible.
(D) The limitations of this section shall not apply
to structures used for single‑family residential purposes, which
structures may be reconstructed, renovated, restored or replaced subject to the
provisions of § 151.363(E) and (F).
(Ord. passed
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§ 151.365 CHANGE IN USE OF PROPERTY WHERE A
NONCONFORMING SITUATION
EXISTS.
(A) A change in use of property, as described in §§
151.325 through 151.334, where a nonconforming situation exists, that is
sufficiently substantial to require a new zoning, special use or conditional
use permit in accordance with §§ 151.495 through 151.518 may not be made,
except in accordance with divisions (B) through (E) below. However, this requirement shall not apply if
only a sign permit is needed.
(B) If the intended change in use is to a
principal use that is permissible in the district where the property is located
and all of the other requirements of this chapter applicable to that use can be
complied with, permission to make the change must be obtained in the same
manner as permission to make the initial use of a vacant lot. Once conformity with this chapter is
achieved, the property may not revert to its nonconforming status.
(C) If the intended change in use is to a
principal use that is permissible in the district where the property is
located, but all of the requirements of this chapter applicable to that use
cannot reasonably be complied with, then the change is permissible if the
entity authorized by this chapter to issue a permit for that particular use
(the Administrator, Board of Adjustment or Board of Commissioners) issues
a permit authorizing the change. This permit may be issued if the permit
issuing authority finds, in addition to any other findings that may be required
by this chapter, that:
(1) The intended change will not result in a
violation of § 151.361; and
(2) All of the applicable requirements of this
chapter that can reasonably be complied with will be complied with. Compliance with a requirement of this chapter
is not reasonably possible if compliance cannot be achieved without adding
additional land to the lot where the nonconforming situation is maintained or
moving a substantial structure that is on a permanent foundation. Mere financial hardship caused by the cost of
meeting the requirements as paved parking does not constitute grounds for
finding that compliance is not reasonably possible. And in no case may an applicant be given
permission pursuant to this section to construct a building or add to an
existing building if additional nonconformities would thereby be created.
(D) If the intended change in use is to another
principal use that is also nonconforming, then the change is permissible if the
entity authorized by this chapter to issue a permit for that particular use
(the Administrator, Board of Adjustment or Board of Commissioners) issues a
permit authorizing the change. The permit issuing authority may issue the
permit if it finds, in addition to other findings that may be required by this chapter, that:
(1) The use requested is one that is permissible
in some zoning district with either a zoning, special use or conditional use
permit;
(2) All of the conditions applicable to the permit
authorized in division (C) above are satisfied; and
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(3) The proposed development will have less of an
adverse impact on those most affected by it and will be more compatible with
the surrounding neighborhood than the use in operation at the time the permit
is applied for.
(E) If a nonconforming use is changed to any use
other than a conforming use without obtaining a permit pursuant to this
section, that change shall constitute a discontinuance of the nonconforming
use, with consequences as stated in § 151.366.
(Ord. passed
§ 151.366 ABANDONMENT AND DISCONTINUANCE OF
NONCONFORMING SITUATIONS.
(A) When a nonconforming use is discontinued for a
consecutive period of 180 days, the property involved may thereafter be used
only for conforming purposes.
(B) If the principal activity on property where a
nonconforming situation other than a nonconforming use exists is discontinued
for a consecutive period of 180 days, then that property may thereafter be used
only in conformity with all of the regulations applicable to the pre‑existing
use unless the entity with authority to issue a permit for the intended use
issues a permit to allow the property to be used for this purpose without
correcting the nonconforming situations.
This permit may be issued if the
permit issuing authority finds that eliminating a particular nonconformity is
not reasonably possible (such as, cannot be accomplished without adding
additional land to the lot where the nonconforming situation is maintained or
moving a substantial structure that is on a permanent foundation). The permit shall specify which
nonconformities need not be corrected.
(C) For purposes of determining whether a right to
continue a nonconforming situation is lost pursuant to this section, all of the
buildings, activities and operations maintained on a lot are generally to be
considered as a whole. For example, the
failure to rent one apartment in a nonconforming apartment building for 180
days shall not result in a loss of the right to rent that apartment or space
thereafter so long as the apartment building as a whole is continuously
maintained. But if a nonconforming use is maintained in
conjunction with a conforming use, discontinuance of a nonconforming use for
the required period shall terminate the right to maintain it thereafter.
(D) When a structure or operation made
nonconforming by this chapter is vacant or discontinued on the effective date
of this chapter, the 180‑day period for purposes of this section begins
to run on the effective date of this chapter.
However, if the situation was nonconforming under the ordinance previously in effect, then the 180‑day
period shall begin to run from the actual date the property became vacant or the use was discontinued.
(E) (1) For
purposes of this section, the question of the property owner's or other
person's intent is irrelevant and discontinuance of the required period shall
conclusively be presumed to constitute an abandonment of the right to continue
the nonconforming situation.
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(2) However, when a valid building or zoning
permit has been issued within the 180‑day period, the use shall not be
considered discontinued so long as the permit remains valid even though the
particular use may not begin within the 180‑day period.
(Ord. passed
§ 151.367 COMPLETION OF NONCONFORMING PROJECTS.
(A) When a building permit has been validly issued
for construction of a nonconforming project, the project shall be permitted to
develop in accordance with the terms of that permit provided the building
permit remains unrevoked and unexpired. Further, when approval is giving to develop a
project and more than 5% of the cost of that project is spent on reliance of
that approval, the project shall be permitted
to develop in accordance with the terms of that permit.
(B) Nothing in this section shall be deemed to
conflict with vested rights provisions as found in §§ 151.495 through
151.518.
(Ord. passed
§ 151.368 AMORTIZATION OF NONCONFORMING SITUATIONS.
(A) Within one year after the effective date of
this chapter, any violation of § 151.328 shall cease and thereafter any
situation in violation of that section shall no longer be regarded as a lawful
nonconforming situation.
(B) Within six months after the effective date of
this chapter, any violation of § 151.328(C)(1) shall cease and thereafter
any situation in violation of that section shall no longer be regarded as a
lawful nonconforming situation.
(Ord. passed
FLOODWAYS AND
FLOODPLAINS
§ 151.380 DEFINITIONS.
For the purpose
of this subchapter and §§ 151.400 through 151.403, the following definitions
shall apply unless the context clearly indicates or requires a different
meaning.
BASE FLOOD. The flood having a 1% chance of being equaled
or exceeded in any given year. Also
known as the 100‑YEAR FLOOD.
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COASTAL HIGH
HAZARD AREA. The area subject to high
velocity waters caused by, but not limited to hurricane wave wash. The area is designated on a FIRM as Zone VI‑3,
VE or V.
FEDERAL
INSURANCE RATE MAP or FIRM. An official map of a community, on which the
Federal Emergency Management Agency has delineated both the areas of special
flood hazard and the risk premium zones applicable to the community.
FLOOD INSURANCE
STUDY. The official report
provided by the Federal Emergency Management Agency, containing flood profiles,
Flood Boundary Floodway map and the water surface elevation of the base flood.
FLOODPLAIN. Any land area susceptible to being inundated
by water from the base flood. As used in
this chapter, the term refers to that area designated as subject to flooding
from the base flood on the flood insurance rate map, effective
FLOODWAY. The channel of a river or other watercourse
and the adjacent land areas that must be reserved in order to discharge the
base flood without cumulatively increasing the water surface elevation more
than one foot.
FLOOR. The top surface of an enclosed area in a
building (including basement), such as, top of slab in concrete slab
construction or top of wood flooring in frame construction. The term does not include the floor of a
garage used solely for parking vehicles.
HIGHEST ADJACENT
GRADE. The highest natural
elevation of the ground surface, prior to construction, next to the proposed
walls of the structure.
LOWEST FLOOR. The lowest floor of the lowest enclosed area
(including basement). An unfurnished or
flood resistant enclosure, usable solely for parking vehicles, building access
or storage, in an area other than a basement area, is not considered a
building's lowest floor provided that the enclosure is not built so as to
render the structure in violation of the applicable non‑elevation design
requirements of this chapter.
PUBLIC WATER
SUPPLY SYSTEM. Any water supply system
furnishing potable water to ten or more dwelling units or businesses or any
combination thereof.
(Ord. passed
§ 151.381 ARTIFICIAL OBSTRUCTIONS WITHIN FLOODWAYS
PROHIBITED.
(A) No artificial obstruction may be located within
any floodway, except as provided in § 151.382.
(B) For purposes of this section, an artificial
obstruction is any obstruction, other than a natural
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obstruction,
that is capable of reducing the flood carrying capacity of a stream or may
accumulate debris and thereby reduce the flood carrying capacity of a
stream. A natural obstruction includes
any rock, tree, gravel or analogous natural matter that is an obstruction and
has been located within the floodway by a non‑human cause.
(Ord. passed
§ 151.382 PERMISSIBLE USES WITHIN FLOODWAYS.
(A) Notwithstanding §§ 151.325 through 151.334, no
permit to make use of land within a floodway may be issued unless the proposed
use is listed as permissible both in the table of permissible uses and in the
following list:
(1) General farming, pasture, outdoor plant
nurseries, horticulture, forestry, wildlife sanctuary, game farm and other
similar agricultural, wildlife and related uses;
(2) Ground level streets, roads, loading areas,
parking areas, rotary aircraft ports and other similar ground level area uses;
(3) Lawns, gardens, play areas and other similar
uses; and
(4) Golf courses, tennis courts, driving ranges,
archery ranges, picnic grounds, parks, hiking or horseback riding trails, open
space and other similar private and public recreational uses.
(B) The uses listed in division (A) above are
permissible only if and to the extent that they do not cause any increase in
base flood levels.
(Ord. passed
§ 151.383 CONSTRUCTION WITHIN FLOODWAYS AND FLOODPLAINS
RESTRICTED.
(A) No zoning, special use or conditional use
permit may be issued for any development within a floodplain until the permit issuing
authority has reviewed the plans for any development to assure that:
(1) The proposed development is consistent with
the need to minimize flood damage;
(2) All public utilities and facilities such as
sewer, gas, electrical and water systems are located and constructed to
minimize or eliminate flood damage;
(3) Adequate drainage is provided to minimize or
reduce exposure to flood hazards; and
(4) All necessary permits have been received from
those agencies from which approval is required by federal or state law.
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(B) No building may be constructed and no
substantial improvement of an existing building may take place within any
floodway. With respect to mobile home
parks that are nonconforming because they are located within a floodway, mobile
homes may be relocated in the parks only if they comply with the provisions of
division (I) below.
(C) No new residential building may be constructed
and no substantial improvement of a residential building may take place within
any floodplain unless the lowest floor of the building or improvement is
elevated at least 18 inches or above the base flood level. Should solid foundation perimeter walls be
used to elevate a structure, openings sufficient to facilitate the unimpeded
movements of flood waters shall be provided.
(1) Residential accessory structures shall be
allowed within floodplains provided they are firmly anchored to prevent
flotation, designed to have low flood potential and placed on the building site
so as to offer minimum resistance to the flow of flood waters.
(2) Anchoring of any accessory buildings may be
done by bolting the building to a concrete slab or by over the top ties. When bolting to a concrete slab, ½‑inch
bolts six feet on center with a minimum of two per side shall be required. If over the top ties are used a minimum of
two ties with a force adequate to secure the building is required.
(3) Service facilities such as electrical and
heating equipment shall be elevated or flood-proofed.
(D) No new non-residential building may be
constructed and no substantial improvements of a non-residential building may
take place within any floodplain unless the lowest floor of the building or
improvement is elevated at least 18 inches or above the base flood level. Commercial structures located in A‑zones
may be flood-proofed in lieu of elevation provided that all areas of the
structure below the required elevation are water tight with walls substantially
impermeable to the passage of water, using structural components having the
capacity of resisting hydrostatic and hydrodynamic loads and the effects of
buoyancy. A registered professional
engineer or architect shall certify that standards of this section are
satisfied.
(E) When base flood elevation data is not
available from federal, state or other source, the lowest floor including
basement, in divisions (C) and (D) above, shall be elevated at least two feet
above the highest adjacent grade.
Further, areas where floodway boundaries have not been established shall
be subject to the provisions of § 151.400.
(F) No new construction and no substantial
improvements of a structure may take place within any floodplain unless fully
enclosed areas below the lowest floor that are subject to flooding are designed
to automatically equalize hydrostatic flood forces on exterior walls by
allowing for the entry and exit of flood waters. Designs for meeting this requirement must
either be certified by a registered professional engineer or architect or meet or exceed the following
minimum requirements.
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(1) A minimum of two openings having a total net
area of not less than one square inch for every square foot of enclosed area
subject to flooding shall be provided.
(2) The bottom of all openings shall be no higher
than one foot above grade.
(3) Openings may be equipped with screens,
louvers, valves or other coverings or devices provided that they permit the
automatic entry and exit of flood waters.
(4) Access to the enclosed area shall be the
minimum necessary to allow for parking of vehicles (garage door) or limited
storage of maintenance equipment used in connection with the premises (standard
exterior door) or entry to the living area (stairway or elevator). The interior portion of the enclosed area
shall not be partitioned or finished into separate rooms, except to enclose
storage areas.
(G) For the purpose of this subchapter, the
following definition shall apply unless the context clearly indicates or
requires a different meaning.
SUBSTANTIAL
IMPROVEMENT.
(a) Any repair, reconstruction or improvement of a
building the cost of which equals or exceeds 50% of the market value of the
structure either:
1. Before the improvement or repair is started;
or
2. If the structure has been damaged and is
being restored, before the damage occurred.
(b) SUBSTANTIAL IMPROVEMENT occurs
when the first alteration on any wall, ceiling, floor or other structural part
of the building commences, whether or not that alteration affects the external
dimensions of the building.
(c) The term does not, however, include either:
1. Any project for improvement of a structure to
comply with existing state or local health, sanitary or safety code
specifications that are solely necessary to insure safe living conditions; or
2. Any alteration of a building listed on the
National Register of Historic Places or a State Inventory of Historic Places.
(H) No zoning, special use or conditional use
permit may be issued for any development within a floodplain until the permit
issuing authority has reviewed the plans to assure that any new construction or
substantial improvements shall be:
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(1) Designed (or modified) and adequately anchored
to prevent flotation, collapse or lateral movement of the structure, resulting
from hydrodynamic and hydrostatic loads including the effects of buoyancy;
(2) Constructed with materials and utility
equipment resistant to flood damage;
(3) Constructed by methods and practices that
minimize flood damage; and
(4) Constructed with electrical, heating,
ventilation, plumbing and air conditioning equipment and other service
facilities that are designed and/or located so as to prevent water from
entering or accumulating within the components during conditions of flooding.
(I) Notwithstanding any other provision of this
chapter, no mobile home may be located or relocated within that portion of the
floodplain outside of the floodway unless the following criteria are met.
(1) Mobile homes are anchored to prevent
flotation, collapse or lateral movement.
Methods of anchoring may include, but are not limited to use of over‑the‑top
or frame ties to ground anchors. This
standard shall be in addition to and consistent with applicable state
requirements for resisting wind forces.
(2) Lots or pads are elevated on compacted fill or
by any other method approved by the Administrator so that the lowest floor of
the mobile home is at or above the base flood level.
(3) Adequate surface drainage and easy access for
mobile home haulers is provided.
(4) Load‑bearing foundation supports such as
piers or pilings must be placed on stable soil or concrete footings no more
than ten feet apart, and if the support height is greater than 72 inches, the
support must contain steel reinforcement.
(J) Whenever any portion of a floodplain is
filled in with fill dirt, slopes shall be adequately stabilized to withstand
the erosive force of the base flood.
(Ord. passed
§ 151.384 SPECIAL PROVISIONS FOR SUBDIVISIONS.
(A) An applicant for a special use permit
authorizing a major subdivision and an applicant for minor subdivision final
plat approval shall be informed by the Administrator of the use and
construction restrictions contained in §§ 151.381 through 151.383 if any
portion of the land to be subdivided lies within a floodplain.
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(B) Subject to the following sentence, a major
development permit for a major subdivision and final plat approval for any subdivision
may not be given if:
(1) The land to be subdivided lies within a zone
where residential uses are not permissible and it reasonably appears that the
subdivision is designed to create residential building lots;
(2) Any portion of one or more of the proposed
lots lies within a floodway or floodplain; and
(3) It reasonably appears that one or more lots
described in divisions (B)(1) and (2) above could not practicably be used as a
residential building site because of the restrictions set forth in §§ 151.381
through 151.383. The foregoing provision
shall not apply if a notice that the proposed lots are not intended for sale as
residential building lots is recorded on the final plat, or if the developer otherwise
demonstrates to the satisfaction of the authority issuing the permit or
approving the final plat that the proposed lots are not intended for sale as
residential building lots.
(Ord. passed
§ 151.385 WATER SUPPLY AND SANITARY SEWER SYSTEMS IN FLOODWAYS
AND
FLOODPLAINS.
(A) Whenever any portion of a proposed development
is located within a floodway or floodplain, the agency or agencies responsible
for certifying to the county the adequacy of the water supply and sewage
disposal systems for the development shall be informed by the developer that a
specified area within the development lies within a floodplain.
(B) Thereafter, approval of the proposed system by
that agency shall constitute a certification that:
(1) The water supply system is designed to
minimize or eliminate infiltration of flood waters into it;
(2) The sanitary sewer system is designed to
eliminate infiltration of flood waters into it and discharges from it into
flood waters; and
(3) Any on‑site sewage disposal system is
located to avoid impairment to it or contamination from it during flooding.
(Ord. passed
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§ 151.386 ADDITIONAL DUTIES OF ADMINISTRATOR RELATED TO
FLOOD INSURANCE AND FLOOD CONTROL.
The Administrator
shall:
(A) Where base flood elevation data is available:
(1) Verify the actual elevation (in relation to
mean sea level) of the lowest floor, including basement, of all new or
substantially improved structures;
(2) Verify for all structures that have been
flood-proofed (whether or not the structures contain a basement), the actual
elevation (in relation to mean sea level) to which the structure was
flood-proofed; and
(3) Maintain a record of all information.
(B) Where base flood elevation data has not been
provided:
(1) Obtain, review, and reasonably utilize any
base flood elevation data available from a federal, state or other source for
enforcing the requirements set forth herein; and
(2) Verify and record the actual elevation
constituting the highest adjacent grade, to which all new or substantially
improved structures are elevated or flood-proofed.
(C) Notify, in riverine
situations, adjacent communities and the State Department of Crime Control and
Public Safety prior to any alteration or relocation of a watercourse, and
submit copies of the notification to the Federal Insurance Administrator; and
(D) Ensure that the flood carrying capacity within
the altered or relocated portion of any watercourse is maintained.
(Ord. passed
§ 151.387 FLOOR ELEVATION OR FLOOD‑PROOFING
CERTIFICATION REQUIRED.
(A) A floor elevation certificate signed and sealed
by a registered North Carolina land surveyor or a licensed North Carolina
engineer is required after the lowest floor is completed, or in instances where
the structure is subject to the regulations applicable to coastal high hazard
areas, after placement of the horizontal structural members of the lowest
floor. This certificate must be provided
to the building inspector at or before the floor inspection is approved.
2003 S‑2
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(B) (1) When
flood‑proofing is utilized for a particular building, the certification
shall be prepared by a professional engineer or architect and certified by
same.
(2) The building inspector shall review the floor
elevation survey data submitted.
Deficiencies by the review shall be corrected by the permit holder
immediately and prior to further progressive work being permitted to proceed.
(3) Failure to submit the survey or failure to
make the corrections required hereby shall be cause to issue a liable stop work
order for the project.
(Ord. passed
§ 151.388 LOCATION OF BOUNDARIES OF FLOODPLAIN AND
FLOODWAY DISTRICTS.
(A) For the purpose of this subchapter, the
following definition shall apply unless the context clearly indicates or
requires a different meaning.
FLOODPLAIN and FLOODWAY. Certain areas whose boundaries are determined
and can be located on the ground by reference to the specific fluvial
characteristics set forth in the definitions of these terms. These terms also refer to overlay zoning
districts whose boundaries are the boundaries of the floodways and floodplains
shown on the map referenced in § 151.380 or which have been established in
accordance with § 151.400, which boundaries are intended to correspond to the
actual, physical location of floodways and floodplains. These overlay districts thus differ from
other zoning districts whose boundaries are established solely according to
planning or policy, rather than physical criteria.
(B) Therefore, the Administrator is authorized to
make necessary interpretations as to the exact location of the boundaries of
floodways or floodplains if there appears to be a conflict between a mapped
boundary and actual field conditions.
The interpretations, like other decisions of the Administrator, may be
appealed to the Board of Adjustment in accordance with the applicable
provisions of this chapter.
(Ord. passed
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§ 151.389 REGULATIONS DO NOT GUARANTEE FLOOD
PROTECTION.
The degree of
flood protection required by this chapter is considered reasonable for
regulating purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare
occasions. Flood heights may be
increased by man‑made or natural causes.
(Ord. passed
§ 151.390 STANDARDS FOR STREAMS WITHOUT ESTABLISHED
BASE FLOOD ELEVATIONS AND/OR FLOODWAYS.
Located within
the area of special flood hazard established in this subchapter where small
streams exist, but where no base flood data has been provided or where no
floodways have been provided, the following provisions apply.
(A) No encroachments, including fill material or
structures shall be located within a distance of the stream bank equal to five
times the width of the stream at the top of bank or 20 feet on each side from
the top of bank, whichever is greater, unless certification by a registered
professional engineer is provided
demonstrating that the encroachments shall not result in any increase in flood
levels during the occurrence of the base flood discharge.
(B) New construction or substantial improvements
of structures shall be elevated or flood‑proofed in accordance with
elevations established in this subchapter.
(Ord. passed
DRAINAGE,
EROSION CONTROL AND STORMWATER MANAGEMENT
§ 151.400 NATURAL DRAINAGE SYSTEM UTILIZED TO EXTENT
FEASIBLE.
(A) To the extent practicable, all development
shall conform to the natural contours of the land and natural and pre‑existing
man‑made drainage ways shall remain undisturbed.
(B) To the extent practicable, lot boundaries
shall be made to coincide with natural and pre‑existing man‑made
drainage ways within subdivisions to avoid the creation of lots that can be
built upon only by altering the drainage ways.
(Ord. passed
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§ 151.401 DEVELOPMENTS MUST DRAIN PROPERLY.
(A) All developments shall be provided with a drainage
system that is adequate to prevent the undue retention of surface water on the
development site. Surface water shall
not be regarded as unduly retained if:
(1) The retention results from a technique,
practice or device deliberately installed as part of an approved sedimentation
or storm water runoff control plan; or
(2) The retention is not substantially different
in location or degree than that experienced by the development site in its pre‑development
stage unless the retention presents a danger to health or safety.
(B) No surface water may be channeled or directed
into a sanitary sewer.
(C) Whenever practicable, the drainage system of a
development shall coordinate with and connect to the drainage systems or
drainage ways on surrounding properties or streets.
(D) Use of drainage swales rather than curb and
gutter and storm sewers in subdivisions is provided for in §§ 151.170 through
151.184. Private roads and access ways
within unsubdivided developments shall utilize curb
and gutter and storm drains to provide adequate drainage if the grade of the
roads or access ways is too steep to provide drainage in another manner or if
other sufficient reasons exist to require the construction.
(E) Construction specifications for drainage
swales, curbs and gutters and storm drains are contained in Appendix C to this
chapter.
(Ord. passed
§ 151.402 STORMWATER MANAGEMENT.
(A) All developments shall be constructed and
maintained so that adjacent properties are not unreasonably burdened with surface
waters as a result of the developments.
More specifically:
(1) No development may be constructed or
maintained so that the development unreasonably impedes the natural flow of
water from higher adjacent properties across the development, thereby unreasonably
causing substantial damage to the higher adjacent properties; and
(2) No development may be constructed or
maintained so that surface waters from the development are unreasonably
collected and channeled onto lower adjacent properties at the locations or at
the volumes as to cause substantial damage to the lower adjacent properties.
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(B) Any development that requires a CAMA major
development permit or a sedimentation and erosion control plan shall be subject
to the state stormwater runoff policies promulgated
in 15A NCAC 02H.0101 et seq., unless exempted by those regulations.
(Ord. passed
§ 151.403 SEDIMENTATION AND EROSION CONTROL.
(A) No zoning, special use or conditional use
permit may be issued and final plat approval for subdivisions may not be given
with respect to any development that would cause land disturbing activity
requiring prior approval of an erosion and sedimentation control plan by the
State Sedimentation Control Commission under G.S. § 113A‑57(4) unless the
Commission has certified to the county, either that:
(1) An erosion and sedimentation control plan has
been submitted to and approved by the Commission; or
(2) The Commission has examined the preliminary
plans for the development and it reasonably appears that an erosion and
sedimentation control plan can be approved upon submission by the developer of
more detailed construction or design drawings.
However, in this case, construction of the development may not begin
(and no building permits may be issued) until the Commission approves the
erosion and sedimentation control plan.
(B) For the purpose of this section, the following
definition shall apply unless the context clearly indicates or requires a
different meaning.
LAND DISTURBING
ACTIVITY. Any use of the land by any
person in residential, industrial, educational, institutional or commercial
development, highway and road construction and maintenance that results in a
change in the natural grade and may cause or contribute to sedimentation,
except activities that are exempt under
G.S. § 113A‑52(6). Sedimentation
occurs whenever solid particulate matter, mineral or organic, is transported by
water, air, gravity or ice from the site of its origin.
(Ord. passed
Statutory
reference:
Mandatory
standards for land disturbing activity, see G.S. § 113A-57(4)
SIGN REGULATIONS
§ 151.415 DEFINITIONS.
All definitions
should be taken from the most current State DOT Outdoor Advertising Manual.
(Ord. passed
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§ 151.416 GENERAL PROVISIONS.
(A) No permanent sign larger than 16 square feet
shall be erected or attached to or supported on a building or structure until a
building permit is issued by the County Building Inspector.
(B) No sign may be located so that it
substantially interferes with the view necessary for motorists to proceed
safely through intersections or to enter into or exit from public or private
roads.
(C) No sign may obstruct ingress or egress to any
window, door, fire escape, stairway, ladder or opening intended to provide
light, air, ingress or egress from any room or building, as required by law.
(D) No sign may be erected so that by its location,
color, size, shape, illumination, nature or message would be confused with
official traffic signs or signals or other signs erected by governmental
agencies, or would tend to be confused with a flashing light of an emergency
vehicle.
(E) No new structure shall be constructed within
7½ feet horizontal, 8 feet vertical of any existing power line.
(F) All signs shall be constructed and designed
according to generally accepted engineering practices to withstand wind
pressures and load distribution as specified in the State Building Code.
(G) Signs advertising activities that are illegal
under federal or state law or the location of those activities are prohibited.
(H) (1) All
signs in which electrical wiring and connections are to be used shall require a
permit and shall comply with the State Electrical Code and be approved by the
County Building Inspector.
(2) Sign illumination of an intensity and
brilliance as to cause glare and to impair the vision of the driver of any
motor vehicle or which otherwise interferes with any driver's operation of a
motor vehicle shall be shielded as to prevent beams or rays of light from being
directed at any portion of the traveled ways of public roads or public
right-of-way.
(I) (1) If
the property line of a parcel where an on-premise sign is proposed to be
erected is located within 200 feet of an existing off-premise sign, then an
applicant for an on-premise sign on such property must not place the on-premise
sign on the same half of the property closest to the existing off‑premise
sign. If an existing off-premise sign is
located within 200 feet of both sides of the property, then the proposed
on-premise sign shall be located as near the middle of the property as
practicable.
(2) This division shall not apply to any
on-premise sign having a height less than or equal to 25% of the height of the
nearby off-premise sign.
(Ord. passed
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§ 151.417 SIGNS PERMITTED IN THE R‑1, R‑2
AND R‑3 RESIDENTIAL DISTRICTS.
(A) No off‑premise sign is allowed in R‑1,
R‑2, or R-3 districts unless specifically allowed below.
(B) An indirectly lighted name plate or
professional sign not over 16 square feet in area may be permitted with an
approved home occupation.
(C) Temporary real estate signs, not exceeding two
square feet in area, directing the way to premises which are for sale, rent or
lease; provided the signs shall be neatly painted or printed and shall be
removed promptly when the property has been sold, rented or leased.
(D) Directional signs not over four square feet in
area indicating the location of churches, schools, hospitals, parks, scenic or
historic places.
(E) One name sign or bulletin board not exceeding
12 square feet for any permitted church, school or other non‑commercial
institution.
(F) Temporary real estate signs, not exceeding 16
square feet in area, advertising the sale, rent or lease of the premises on
which located. However, these signs
shall not be less than 15 feet from any side lot line or state right-of-way,
shall not be illuminated, shall be neatly painted and maintained and shall be
removed promptly when the property has been sold, leased or rented.
(G) Temporary non‑illuminated signs
advertising the contractor, architect or other professional persons or
organizations engaged in or associated with the lawful construction,
alteration, remodeling or demolition of any building or use. However, these signs shall be limited to one
for each organization involved and shall be set back from the side property
line at least 15 feet, shall not be located on state right-of-way, and shall be
removed within 30 days after the completion of the general contract. The total area of all signs on one site shall
not exceed 16 square feet. An individual
sign shall not exceed 16 square feet in area unless that sign is a composite of
advertising for three or more entities’ participation in the project.
(H) Non‑illuminated signs not over 12 square
feet in area announcing the name of a subdivision or group housing project
located on the premises at major entrances.
However, these signs must be neatly constructed and maintained, limited
to announcing only the name of the subdivision or group housing project and
must not obstruct corner visibility.
(Ord. passed
§ 151.418 OFF‑PREMISE SIGNS.
(A) Off‑premise signs are allowed in
accordance with the table of § 151.334.
These districts shall be considered commercial and/or industrial
districts for purposes of enforcement by the State Department of Transportation
of its outdoor advertising regulations.
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(B) (1) The
regulations of the current State DOT Outdoor Advertising Manual, being 19A NCAC
2E.0202 and 2E.0203 regarding the size, lighting, and other matters not in
conflict with this chapter of off‑premise signs on federal aid highways
shall apply to all off-premises signs in the county.
(2) All off-premise signs shall meet the
requirements of the State Building Code.
(3) No off-premise sign may be located within 500
feet of any other off‑premise or
on-premise sign.
(4) Signs and sign locations becoming non‑conforming
at the time of adoption of this chapter shall be allowed to continue to exist.
(5) A nonconforming sign may be replaced on the
same location so long as application for a permit to erect a new sign is made
within 180 days after the existing nonconforming sign is destroyed or removed.
(6) Off-site advertising shall be erected so that
all parts of the structure shall be not less than 15 feet from the edge of the
nearest public street or right-of-way.
(7) To provide for a consistent and aesthetically
pleasing appearance, all off-premise signs shall be of a monopole style or
three steel poles. The bottom of the
sign area may not be less than 12 feet above grade and the height of the
structure may not exceed 35 feet, except that a sign may extend above the
billboard structure for a temporary advertising display, for six months or
less, up to a height of 50 feet.
(8) To provide for a consistent and aesthetically
pleasing appearance, all off-premise signs shall have framing using
pressure-treated wood and MDO plywood panels, or similar-looking materials.
(9) No off-premise sign may have a sign size
greater than 800 square feet.
(C) (1) Sign
location must be within the territorial or zoning jurisdiction of the public
officials or public agencies.
(2) Sign locations must be off highway
right-of-way.
(3) Sign structure must be adopted by the public
officials or public agencies as an official sign. Documentation must include the location of
the structure and a copy of the documentation provided to the District Engineer
of the Department of Transportation.
(4) Signs shall not obscure or otherwise interfere
with the effectiveness of an official sign, signal or device, or obstruct or
interfere with the driver's view of approaching, merging or intersecting
traffic.
(5) No minimum or maximum size structure.
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(6) Message content of sign may not contain any
advertisement.
(D) Non‑profit signs (service clubs and/or
religious notices):
(1) Sign area may not exceed 16 square feet and
shall otherwise conform to all regulations of the NCDOT Outdoor Advertising
Manual.
(2) Sign location must be off the highway
right-of-way and no additional setback from the right-of-way shall be required.
(3) Message content of sign may not contain any
advertisement.
(4) No more than one non-profit sign per
organization may be erected in each township.
(E) Those signs erected on the highway right of
way do not fall under the controls of this chapter. However, they are in violation of G.S.
§§ 136‑18(10) and 136‑30 or 19A NCAC 2E.0415.
(Ord. passed
BUILDING
INSPECTIONS AND PERMITS
§ 151.430 REGULATORY CODES ADOPTED BY REFERENCE.
The following
state regulatory codes are hereby incorporated herein by reference as if set
forth herein word for word:
(A) Volume I:
General Construction;
(B) Volume I‑A: Administration and Enforcement Requirements;
(C) Volume I‑C: Accessibility;
(D) Volume II:
Plumbing;
(E) Volume III:
Mechanical;
(F) Volume IV:
Electrical;
(G) Volume V:
Fire Prevention;
(H) Volume VI:
Gas;
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(I) Volume VII:
Residential;
(J) Volume VIII:
Modular Construction Regulations;
(K) Volume IX:
Existing Buildings;
(L) Volume X:
Energy; and
(M) Regulations
for Manufactured/Mobile Homes.
(Ord. passed
§ 151.431 INSPECTION PROCEDURE.
The inspection
procedure is as follows:
(A) Excavation for footing: request inspection after footing has been
dug, grade stakes have been installed and before foundation is poured;
(B) Foundation:
foundation/piers must be visible and free from all dirt and debris;
(C) Floor joist:
call before concealment;
(D) Rough in:
includes framing, electrical, plumbing and mechanical; request
inspection before concealment; (The air/water tests must be active for this
inspection.)
(E) Insulation:
after all rough ins have been inspected and approved, insulate and
request inspection before concealment;
(F) Pre‑final: all work complete, ready for permanent power;
and
(G) Final:
inspector will test all electrical circuits and issue certificate of
occupancy.
(Ord. passed
§ 151.432 ADMINISTRATIVE.
(A) A building permit may be purchased after:
(1) Septic approval has been obtained from the
local Health Department;
(2) All taxes on the property due have been paid;
(3) Zoning approval has been obtained from the
County Planning Department; and
(4) Plan approval.
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(B) Required permits are as stated in the State
Building Code. The only structures
exempt are storage and accessory buildings 144 square feet or less that may not
be used as living space. Any plumbing
fixture or electrical wiring of the structure shall require a permit. At no time may these structures be attached
to a dwelling.
(C) Failure to obtain the required permit prior to
beginning work shall result in a fine equaling $50.
(Ord. passed
PLANNING BOARD
§ 151.445 APPOINTMENT AND TERMS OF PLANNING BOARD
MEMBERS.
(A) (1) There
shall be a planning board consisting of seven members appointed by the Board of
Commissioners, one of whom shall be an at‑large member.
(2) The Board of Commissioners will make every
attempt to appoint at least two members from each of the county's three
townships (South Mills, Courthouse and
(B) Planning Board members shall be appointed for
three-year staggered terms, but members may continue to serve until their
successors have been appointed. Terms
shall be on a yearly basis (July 1 through June 30). Vacancies shall be filled by the Board of
Commissioners for the unexpired terms only.
(C) Members may be appointed to a maximum of two
successive terms or may continue to serve at the pleasure of the Board of Commissioners.
(D) Planning Board members may be removed by the
Board of Commissioners, at any time, for failure to attend three consecutive
meetings or for failure to attend 30% or more of the meetings within any
12-month period or for any other cause. Upon request of the member proposed for
removal, the Board of Commissioners shall hold a hearing on the removal before
it becomes effective.
(E) If a Planning Board member changes his or her
residence to a location outside the township that the member represents or
outside the county, that shall constitute a resignation from the Planning
Board, effective upon the date a replacement is appointed by the Board.
(Ord. passed
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§ 151.446 MEETINGS OF THE PLANNING BOARD.
(A) The Planning Board shall establish a regular
meeting schedule and shall meet frequently enough so that it can take action in
conformity with § 151.516.
(B) Since the Planning Board has only advisory
authority, it need not conduct its meetings strictly in accordance with the
quasi judicial procedures set forth for the Board of Adjustment. However, it
shall conduct its meetings so as to obtain necessary information and to promote
the full and free exchange of ideas.
(C) Minutes shall be kept of all Planning Board
proceedings.
(D) All Planning Board meetings shall be open to
the public, and whenever feasible, the agenda for each Board meeting shall be
made available in advance of the meeting.
(Ord. passed
§ 151.447 QUORUM AND VOTING.
(A) A quorum for the Planning Board shall consist
of four members. A quorum is necessary
for the Board to take official action.
(B) All actions of the Planning Board shall be
taken by majority vote, a quorum being present.
(C) A roll call vote shall be taken upon the
request of any member.
(Ord. passed
§ 151.448 PLANNING BOARD OFFICERS.
(A) At its July meeting of each year, the Planning
Board shall elect one of its members to serve as Chairperson and preside over
the Board's meetings and one member to serve as Vice‑Chairperson. The persons so designated shall serve in
these capacities for terms of one year. Vacancies in these offices may be
filled for the unexpired terms only.
(B) The Chairperson and Vice‑Chairperson may
take part in all deliberations and vote on all issues.
(Ord. passed
§ 151.449 POWERS AND DUTIES OF THE PLANNING BOARD.
(A) The Planning Board may:
(1) Make studies and recommend to the Board of
Commissioners plans, goals and objectives relating to the growth, development
and redevelopment of the county;
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(2) Develop and recommend to the Board of
Commissioners policies, ordinances, administrative procedures and other means
for carrying out plans in a coordinated and efficient manner;
(3) Make recommendations to the Board of
Commissioners concerning proposed special use permits and proposed zoning map
and text changes; and
(4) Perform any other duties assigned by the Board
of Commissioners.
(B) The Planning Board may adopt rules and
regulations governing its procedures and operations not inconsistent with the
provisions of this chapter.
(Ord. passed
§ 151.450 PLANNING ISSUE ADVISORY COMMITTEES.
(A) From time to time, the Board of Commissioners
may appoint one or more individuals to assist the Planning Board to carry out
its planning responsibilities with respect to a particular subject area. By way of illustration, the Board of Commissioners
may appoint advisory committees to consider thoroughfare plans, housing plans,
economic development plans and the like.
(B) Members of the advisory committees shall sit
as nonvoting members of the Planning Board when the issues are being considered
and lend their talents, energies and expertise to the Planning Board. However, all formal recommendations to the
Board of Commissioners shall be made by the Planning Board.
(C) Nothing in this section shall prevent the
Board of Commissioners from establishing independent advisory groups,
committees or commissions to make recommendations on any issue directly to the
Board of Commissioners.
(Ord. passed
BOARD OF
ADJUSTMENT
§ 151.460 APPOINTMENT AND TERMS OF BOARD OF ADJUSTMENT.
(A) There shall be a Board of Adjustment consisting
of five regular members and two alternates, all appointed by the Board of
Commissioners. One regular member shall
reside in each of the county's three townships (South Mills, Courthouse and
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(B) Board of Adjustment regular members and
alternates shall be appointed for three-year staggered terms, but both regular
members and alternates may continue to serve until their successors have been
appointed. At the adoption of this
chapter, the Board of Commissioners shall make appointments at their discretion
to fulfill statutory requirements of three-year terms. Terms shall be on a calendar year basis,
January 1 through December 31. Vacancies
may be filled by the Board of Commissioners for the unexpired terms only.
(C) Members may be appointed to a maximum of two
successive terms or may continue to serve at the pleasure of the Board of
Commissioners.
(D) Regular Board of Adjustment members may be
removed by the Board, at any time, for failure to attend three consecutive
meetings or for failure to attend 30% or more of the meetings within any 12‑month
period or for any other cause. Alternate
members may be removed for repeated failure to attend or participate in
meetings.
(E) If a regular or alternate member moves outside
the county or outside the township represented by that member, that shall
constitute a resignation from the Board, effective upon the date a replacement
is appointed.
(F) An alternate member may sit in lieu of any
regular member. When so seated,
alternates shall have the same powers and duties as the regular member they
replace.
(Ord. passed
§ 151.461 MEETINGS OF THE BOARD OF ADJUSTMENT.
(A) The Board of Adjustment shall establish a
regular meeting schedule and shall meet frequently enough so that it can take
action in conformity with §§ 151.516 and 151.534.
(B) The Board of Adjustment shall conduct its
meetings in accordance with the quasi‑judicial procedures set forth
herein.
(C) Minutes shall be kept of all Board of
Adjustment meetings.
(D) All meetings of the Board of Adjustment shall
be open to the public, and whenever feasible, the agenda for each Board meeting
shall be made available in advance of the meeting.
(Ord. passed
§ 151.462 QUORUM.
(A) A quorum for the Board of Adjustment shall
consist of four members, including alternates sitting in lieu of regular
members. A quorum is necessary for the
Board to take official action.
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(B) A member who has withdrawn from the meeting
without being excused, as provided in § 151.463, shall be counted as
present for purposes of determining whether a quorum is present.
(Ord. passed
§ 151.463 VOTING.
(A) The concurring vote of four‑fifths of the
members (regular members or alternates sitting in lieu thereof) shall be
necessary to reverse any order, requirement, decision or determination of the
Administrator or to decide in favor of the applicant any matter upon which it
is required to pass under any ordinance, including the issuance of a conditional
use permit or to grant any variance. All other actions of the Board shall be
taken by majority vote, a quorum being present.
(B) Once a member is physically present at a Board
meeting, any subsequent failure to vote shall be recorded as an affirmative
vote unless the member has been excused in accordance with division (C) below
or has been allowed to withdraw from the meeting in accordance with division
(D) below.
(C) A member may be excused from voting on a
particular issue by majority vote of the remaining members present under the
following circumstances:
(1) If the member has a direct financial interest
in the outcome of the matter at issue;
(2) If the matter at issue involves the member's
own official conduct;
(3) If participation in the matter might violate
the letter or spirit of a member's code of professional responsibility; or
(4) If a member has close personal ties to the
applicant that the member cannot reasonably be expected to exercise sound
judgment in the public interest.
(D) A member may be allowed to withdraw from the
entire remainder of a meeting by majority vote of the remaining members present
for any good and sufficient reason other than the member's desire to avoid
voting on matters to be considered at that meeting.
(E) A motion to allow a member to be excused from
voting or excused from the remainder of the meeting is in order only if made by
or at the initiative of the member directly affected.
(F) A roll call vote shall be taken upon the
request of any member.
(Ord. passed
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§ 151.464 BOARD OF ADJUSTMENT OFFICERS.
(A) At its first regular meeting in January of each
year, the Board of Adjustment shall elect one of its regular members to serve
as Chairperson and preside over the Board's meetings and one regular member to
serve as Vice‑Chairperson. The
persons so designated shall serve in these capacities for terms of one
year. Vacancies may be filled for the
unexpired terms only.
(B) The Chairperson or any member temporarily
acting as Chairperson may administer oaths to witnesses coming before the
Board.
(C) The Chairperson and Vice‑Chairperson may
take part in all deliberations and vote on all issues.
(Ord. passed
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§ 151.465 POWERS AND DUTIES OF BOARD OF ADJUSTMENT.
(A) The Board of Adjustment shall hear and decide:
(1) Appeals from any order, decision, requirement
or interpretation made by the Administrator, as provided §§ 151.530 through
151.536;
(2) Applications for conditional use permits, as
provided in §§ 151.495 through 151.518;
(3) Applications for variances, as provided in §§
151.495 through 151.518;
(4) Questions involving interpretations of the
zoning map, including disputed district boundary lines and lot lines, as
provided in §§ 151.495 through 151.518; or
(5) Any other matter the Board is required to act
upon by any other county ordinance.
(B) The Board may adopt rules and regulations
governing its procedures and operations not inconsistent with the provisions of
this chapter.
(Ord. passed
ADMINISTRATOR
§ 151.475 ADMINISTRATOR.
(A) (1) Primary
responsibility for administering and enforcing this chapter may be assigned to
one or more individuals by the
(2) The person or persons to whom these functions
are assigned shall be referred to in this chapter as the Administrator.
(3) The term staff or planning staff is sometimes
used interchangeably with the term Administrator.
(B) Any function or responsibility assigned by
this chapter to the Administrator may be delegated by the person to another
employee or agent acting under the Administrator's control or at his or her
direction unless the delegation is prohibited by the
(Ord. passed
264
BOARD
OF COMMISSIONERS
§ 151.485 BOARD OF COMMISSIONERS.
(A) The Board of Commissioners, in considering
special use permit applications, acts in a quasi judicial capacity and,
accordingly, is required to observe the procedural requirements set forth
herein.
(B) In considering proposed changes in the text of
this chapter or in the zoning map, the Board acts in its legislative capacity
and must proceed in accordance with the requirements of §§ 151.580 through
151.586.
(C) In acting upon special use permit requests or
in considering amendments to this chapter or the zoning map, the Board shall
follow the quorum, voting and other requirements as set forth in G.S. Ch. 153A
and other provisions of law.
(Ord. passed
ZONING, SPECIAL
USE AND CONDITIONAL USE PERMITS
§ 151.495 PERMITS REQUIRED.
(A) Subject to §§ 151.415 through 151.418, the use
made of property may not be substantially changed, substantial clearing,
grading, filling or excavation may not be commenced, and buildings or other
substantial structures may not be constructed, erected, moved or substantially
altered, except in accordance with and pursuant to one of the following
permits:
(1) A zoning permit issued by the Administrator
(letter Z in the Table of Permissible Uses);
(2) A conditional use permit issued by the Board
of Adjustment (letter C in the Table of Permissible Uses); or
(3) A special use permit issued by the Board of
Commissioners (letter S in the Table of Permissible Uses).
(B) Zoning permits, special use permits,
conditional use permits and sign permits are issued under this chapter only
when a review of the application submitted, including the plans contained
therein, indicates that the development will comply with the provisions of this
chapter if completed as proposed. The plans and applications as are finally
approved are incorporated into any permit issued and, except as otherwise
provided in this subchapter, all development shall occur strictly in accordance
with the approved plans and applications.
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(C) Physical improvements to land to be subdivided
may not be commenced, except in accordance with a special use permit issued by
the Board of Commissioners for major subdivisions or after final plat approval
by the Administrator for minor subdivisions.
(D) A zoning permit, conditional use permit,
special use permit or sign permit shall be issued in the name of the applicant,
except that applications submitted by an agent shall be issued in the name of
the principal, shall identify the property involved and the proposed use, shall
incorporate by reference the plans submitted and shall contain any special
conditions or requirements lawfully imposed by the permit issuing authority.
(E) No application for a zoning permit,
conditional use permit, special use permit, sign permit, or any other permit
authorized under this code may be accepted by the Administrator or the Planning
Department until the applicant has shown evidence to the Planning Department
that all property taxes due on the property for which the application is sought
shall have been paid.
(Ord. passed
§ 151.496 NO OCCUPANCY, USE OR
(A) (1) Issuance
of a conditional use, special use or zoning permit authorizes the recipient to
commence the activity resulting in a change in use of the land or, subject to
obtaining a building permit, to commence work designed to construct, erect,
move or substantially alter buildings or other substantial structures or to
make necessary improvements to a subdivision.
(2) However, except as provided in this
subchapter, the intended use may not be commenced, no building may be occupied,
no streets may be paved, and in the case of subdivisions, no lots may be sold
until all of the requirements of this chapter and all additional requirements
imposed pursuant to the issuance of a conditional use or special use permit
have been complied with.
(B) For purposes of this section, a lot is sold
when title is transferred.
(Ord. passed
§ 151.497 WHO MAY SUBMIT PERMIT APPLICATIONS.
(A) Applications for zoning, special use,
conditional use or sign permits or minor subdivision plat approval will be
accepted only from persons having the legal authority to take action in
accordance with the permit or the minor subdivision plat approval. By way of illustration, in general this means
that applications should be made by the owners or lessees of property, or their
agents, or persons who have contracted
to purchase property contingent upon their ability to acquire the necessary
permits under this subchapter, or the agents of the persons, who may make
application in the name of the owners, lessees or contract vendees. Agents acting as agents shall disclose the
name of the principal and shall disclose the fact that they are acting as an
agent in the application.
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(B) The Administrator may require an applicant to
submit evidence of his or her authority to submit the application in accordance
with division (A) above whenever there appears to be a reasonable basis for
questioning this authority.
(Ord. passed
§ 151.498 APPLICATIONS TO BE COMPLETE.
(A) All applications for zoning, special use,
conditional use, or sign permits must be complete before the permit issuing
authority is required to consider the application. All special use permit applications, with the
exception of a SUP for a major subdivision, and all conditional use permit
applications shall be submitted no later than 15 working days prior to the
scheduled meeting at which they are to be heard.
(B) Subject to division (C) below, an application
is complete when it contains all of the information that is necessary for the
permit issuing authority to decide whether or not the development, if completed
as proposed, will comply with all of the requirements of this chapter.
(C) (1) Detailed
or technical design requirements and construction specifications relating to
various types of improvements (such as streets) are set forth in one or more of
the appendices to this chapter. It is
not necessary that the application contain the type of detailed construction
drawings that would be necessary to determine compliance with these appendices,
so long as the plans provide sufficient information to allow the permit issuing
authority to evaluate the application in the light of the substantive
requirements set forth in the text of this chapter.
(2) However, whenever this chapter requires a
certain element of a development to be constructed in accordance with the
detailed requirements set forth in one or more of these appendices, then no
construction work on the element may be commenced until detailed construction
drawings have been submitted to and approved by the Administrator. Failure to observe this requirement may
result in permit revocation, denial of final subdivision plat approval or other
penalty as provided in §§ 151.565 through 151.570.
(D) The presumption established by this chapter is
that all of the information set forth in Appendix A is necessary to satisfy the
requirements of this section. However,
it is recognized that each development is unique and therefore the permit issuing
authority may allow less information or require more information to be
submitted according to the needs of the particular case. For applications submitted to the Board of
Commissioners or Board of Adjustment, the applicant may rely in the first instance on the recommendations of the
Administrator as to whether more or less information than that set forth in
Appendix A should be submitted.
(E) The Administrator shall develop application
forms, instructional sheets, checklists or other techniques or devices to
assist applicants in understanding the application requirements and the form
and type of information that must be submitted.
In classes of cases where a minimal amount of information is necessary
to enable the Administrator to determine compliance with this subchapter, such
as applications for zoning permits to
construct single‑family houses or applications for sign permits, the
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Administrator
shall develop standard forms that will expedite the submission of the necessary
plans and other required information.
(Ord. passed
§ 151.499 STAFF CONSULTATION BEFORE FORMAL APPLICATION.
(A) To minimize development planning costs, avoid
misunderstanding or misinterpretation and ensure compliance with the
requirements of this chapter, pre‑application consultation between the
developer and the planning staff is encouraged or required as provided in this
chapter.
(B) Before submitting an application for a special
use permit authorizing a development that consists of or contains a major
subdivision, the developer shall submit to the Administrator a sketch plan of
the subdivision, drawn approximately to scale.
The developer shall submit the number of sketch plan copies that the
Administrator deems reasonably necessary to facilitate the sketch plan review
process as set forth herein.
(C) Following submittal of the sketch plan and
other materials to the Administrator, the Administrator shall meet with the
developer to review the sketch plan. The
application for a special use permit for a project requiring sketch plan review
may not be submitted until after the meeting.
(D) Before submitting an application for any other
permit, developers are strongly encouraged to consult with the Administrator
concerning the application of this chapter to the proposed development.
(Ord. passed
§ 151.500 STAFF CONSULTATION AFTER APPLICATION
SUBMITTED.
(A) Upon receipt of a formal application for a
zoning, special use or conditional use permit, or minor plat approval, the
Administrator shall review the application and confer with the applicant to
ensure that he or she understands the planning staff's interpretation of the
applicable requirements of this chapter, that he or she has submitted all of
the information that he or she intends to submit and that the application
represents precisely and completely what he or she proposes to do.
(B) If the application is for a special use or
conditional use permit, the Administrator shall place the application on the
agenda of the appropriate Board when the applicant indicates that the
application is as complete as he or she intends to make it. However, as provided in this subchapter, if
the Administrator believes that the application is incomplete, he shall
recommend to the appropriate Board that the application be denied on that
basis.
(Ord. passed
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§ 151.501 ZONING PERMITS.
(A) A completed application form for a zoning
permit shall be submitted by filing a copy of the application in the office of
the Administrator.
(B) The Administrator shall issue the zoning
permit unless he or she finds, after reviewing the application and consulting
with the applicant, as provided in this subchapter, that:
(1) The requested permit is not within his
jurisdiction according to the Table of Permissible Uses;
(2) The application is incomplete; or
(3) If completed as proposed in the application,
the development will not comply with one or more requirements of this chapter,
not including those requirements concerning which a variance has been granted
or those the applicant is not required to comply with under the circumstances
specified herein.
(C) (1) Prior
to the issuance of zoning and building permits, verification must be submitted
by the applicant that the lot will be served by either a state-approved package
plant or public sewer facility or a waste treatment system complying with the
requirements of the local Health Department where applicable. This requirement shall not apply to camper
lots in existence on the effective date of this chapter, where the electrical
power is interrupted on a seasonal basis and an electrical permit is required prior to resumption of power.
(2) Evidence of the securing of an improvements
permit shall not constitute evidence of compliance with requirements of any
district or zone in this chapter or the overlay zones.
(D) Zoning permits for commercial site plans
consisting of an area 40,000 square feet or more, may, at the discretion of the
Administrator, be referred to the Planning Board and Board of Commissioners.
(Ord. passed
§ 151.502 AUTHORIZING USE OR OCCUPANCY BEFORE
COMPLETION OF DEVELOPMENT UNDER ZONING PERMIT.
In cases when,
because of weather conditions or other factors beyond the control of the zoning
permit recipient, exclusive of financial hardship, it would be unreasonable to
require the zoning permit recipient to comply with all of the requirements of
this chapter prior to commencing the intended use of the property or occupying
any buildings, the Administrator may authorize the commencement of the intended
use or the occupancy of buildings (insofar as the requirements of this chapter
are concerned) if the permit recipient is issued a temporary certificate of
occupancy from the Inspections Department or, if he or she complies with the
requirements of § 151.242 to the satisfaction of the Administrator to
ensure that all of the requirements of this chapter will be fulfilled within a
reasonable period, not to exceed six months, as determined by the
Administrator.
(Ord. passed
2003 S‑2
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§ 151.503 SPECIAL USE PERMITS AND CONDITIONAL USE
PERMITS.
(A) An application for a conditional use permit
shall be submitted to the Board of Adjustment by filing a copy of the
application in the office of the Administrator.
(B) An application for a special use permit shall
be submitted to the Planning Board and the Board of Commissioners by filing a
copy of the application in the office of the Administrator.
(C) The Board of Adjustment or the Board of
Commissioners, respectively, shall issue the requested permit unless it
concludes, based upon the information submitted at the hearing, that:
(1) The requested permit is not within its
jurisdiction according to the Table of Permissible Uses;
(2) The application is incomplete; or
(3) If completed as proposed in the application,
the development will not comply with one or more requirements of this chapter,
including the provisions found in §§ 151.345 through 151.347, not including
those the applicant is not required to comply with under the circumstances
specified in §§ 151.360 through 151.368.
(D) No application shall be processed unless all
required fees are submitted.
(Ord. passed
§ 151.504 BURDEN OF PRESENTING EVIDENCE; BURDEN OF
PERSUASION.
(A) (1) The
burden of presenting a complete application required by this subchapter to the
permit issuing Board shall be upon the applicant.
(2) However, unless the Board informs the
applicant at the hearing in what way the application is incomplete and offers
the applicant an opportunity to complete the application (either at that
meeting or at a continuation hearing), the application shall be presumed to be
complete. The presumption herein created
shall not preclude the Administrator or any Board from re‑evaluating any
application based upon inadequacies revealed at a later date.
(B) (1) Once
a completed application has been submitted, the burden of presenting evidence
to the permit issuing Board sufficient to lead it to conclude that the
application should be denied for any reasons stated in this subchapter shall be
upon the party or parties urging this position unless the information presented
by the applicant in his or her application and at the public hearing is
sufficient to justify a reasonable conclusion that a reason exists to so deny
the application.
(2) However, nothing herein shall require the
Board to approve any application unless the same shall be in the best interests
of the county.
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(C) (1) The
burden of persuasion on the issue of whether the development, if completed as
proposed, will comply with the requirements of this chapter remains, at all
times, on the applicant.
(2) The burden of persuasion on the issue of
whether the application should be turned down for any of the reasons set forth
in this subchapter rests on the party or parties urging that the requested
permit should be denied.
(Ord. passed
§ 151.505 RECOMMENDATIONS ON CONDITIONAL USE PERMIT
APPLICATIONS.
(A) When presented to the Board of Adjustment at
the hearing, the application for a conditional use permit shall be accompanied
by a report setting forth the planning staff's proposed findings concerning the
application's compliance with this subchapter and the other requirements of
this chapter, as well as any staff recommendations for additional requirements
to be imposed by the Board of Adjustment.
(B) If the staff proposes a finding or conclusion
that the application fails to comply with this subchapter or any other
requirement of this chapter, it shall identify the requirement in question and
specifically state supporting reasons for the proposed findings or conclusions.
(C) The Board of Adjustment may, by general rule
applicable to all cases or any class of cases, or on a case by case basis,
refer applications to the Planning Board to obtain its recommendations.
(Ord. passed
§ 151.506 RECOMMENDATIONS ON SPECIAL USE PERMITS.
(A) (1) Before
being presented to the Board of Commissioners, an application for a special use
permit shall be referred to the Planning Board for action in accordance with
this section. The Board of Commissioners
may not hold a public hearing on a special use permit application until the Planning
Board has had an opportunity to consider the application pursuant to standard
agenda procedures. The Planning Board
shall have 60 days from the date of its first hearing by the Planning Board to
forward its recommendation to the Board of Commissioners.
(2) Failure to transmit their recommendation
within the allotted time shall have the same effect as a recommendation for
approval. In addition, at the request of
the Planning Board, the Board may continue the public hearing to allow the
Planning Board more time to consider or
reconsider the application.
(B) When presented to the Planning Board, the
application shall be accompanied by a written report setting forth the
Administrator's proposed findings concerning the application's compliance with
this subchapter and other requirements of this chapter, as well as any staff
recommendations for additional requirements to be imposed by the Board. If the staff report proposes a finding or
conclusion that the
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application
fails to comply with this Article or any other requirement of this chapter, it
shall identify the requirement in question and specifically state supporting
reasons for the proposed findings or conclusions. For purposes of this section, the term staff
includes the departments and agencies to which the application is referred for
comment.
(C) The Planning Board shall consider the
application and the attached staff report in a timely fashion, and may, in its
discretion, hear from the applicant or members of the public.
(D) After reviewing the application, the Planning
Board shall report to the Board of Commissioners whether it concurs in whole or
in part with the staff's proposed findings and conditions, and to the extent
there are differences, the Planning Board shall propose its own recommendations
and the reasons therefor.
(E) In response to the Planning Board's
recommendations, the applicant may modify his or her application prior to
submission to the Board of Commissioners and the staff may likewise revise its
recommendations.
(Ord. passed
§ 151.507 BOARD OF COMMISSIONERS ACTION ON SPECIAL USE
PERMITS.
In considering
whether to approve an application for a special use permit, the Board of
Commissioners shall proceed according to the following format.
(A) (1) The
Board shall consider whether the application is complete.
(2) If no member moves that the application be
found incomplete (specifying either the particular type of information lacking
or the particular requirement with respect to which the application is
incomplete) then this shall be taken as an affirmative finding by the Board
that the application is complete.
(B) The Board shall consider whether the
application complies with all of the applicable requirements of this
chapter. If a motion to this effect
passes, the Board shall make findings supporting the motion. If a motion fails or is not made then a
motion shall be made that the application be found not in compliance with one
or more of the requirements of this chapter.
A motion shall specify the particular requirements the application fails
to meet. Separate votes may be taken
with respect to each requirement not met by the application. It shall be conclusively presumed that the
application complies with all requirements not found by the Board to be
unsatisfied through this process.
(C) If the Board concludes that the application
fails to comply with one or more requirements of this chapter, the application
shall be denied. If the Board of
Commissioners conclude that all
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requirements are
met, it shall issue the permit unless it adopts a motion to deny the
application for one or more of the reasons set forth within this chapter. A motion shall propose specific findings,
based upon the evidence submitted, justifying such a conclusion.
(Ord. passed
§ 151.508 BOARD OF ADJUSTMENT ACTION ON CONDITIONAL USE
PERMITS.
(A) In considering whether to approve an
application for a conditional use permit, the Board of Adjustment shall proceed
in the same manner as the Board of Commissioners when considering special use
permit applications, except that the format of the Board of Adjustment's
proceedings will differ as a result of the four‑fifths voting
requirement.
(B) (1) The
Board shall consider whether the application is complete. If the Board concludes that the application
is incomplete and the applicant refuses to provide the necessary information,
the application shall be denied.
(2) A motion to this effect shall specify either
the particular type of information lacking or the particular requirement with
respect to which the application is incomplete.
(3) A concurred vote by two members of the Board,
shall constitute the Board's finding on this issue.
(4) If a motion to this effect is not made and
concurred in by at least two members, this shall be taken as an affirmative
finding by the Board that the application is complete.
(C) (1) The
Board shall consider whether the application complies with all of the
applicable requirements of this chapter.
If a motion to this effect passes by the necessary four‑fifths
vote, the Board shall make findings supporting the motion. If a motion fails to receive the necessary
four‑fifths vote or is not made, then a motion shall be made that the
application be found not in compliance with one or more requirements of this
chapter. A motion shall specify the
particular requirements the application fails to meet.
(2) A separate vote may be taken with respect to
each requirement not met by the application, and the vote of the number of
members equal to more than one‑fifth of the Board membership (excluding
vacant seats) in favor of such a motion shall be sufficient to constitute the
motion a finding of the Board. It shall
be conclusively presumed that the application complies with all requirements
not found by the Board to be unsatisfied through this process. If the Board concludes that the application
fails to meet one or more of the requirements of this chapter, the application
shall be denied.
(D) (1) If the
Board concludes that all requirements are met, it shall issue the permit unless
it adopts a motion to deny the application for one or more of the reasons set
forth in § 151.504.
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(2) A motion shall propose specific findings, based
upon the evidence submitted, justifying a conclusion.
(3) Since a motion is not in favor of the
applicant, it is carried by a simple majority vote.
(Ord. passed
§ 151.509 ADDITIONAL REQUIREMENTS ON SPECIAL USE AND
CONDITIONAL USE PERMITS.
(A) Subject to division (B) below, in granting a
conditional or special use permit, the Board of Adjustment or Board of
Commissioners, respectively, may attach to the permit reasonable requirements
in addition to those specified in this chapter as will ensure that the
development in its proposed location:
(1) Will not endanger the public health or safety;
(2) Will not injure the value of adjoining or
abutting property;
(3) Will be in harmony with the area in which it
is located;
(4) Will be in conformity with the land use plan,
thoroughfare plan or other plan officially adopted by the Board; and
(5) Will not exceed the county's ability to
provide adequate public facilities, including, but not limited to schools, fire
and rescue, law enforcement and other county facilities. Applicable state standards and guidelines
shall be followed for determining when public facilities are adequate. The facilities must be in place or programmed
to be in place within two years after the initial approval of the sketch plan.
(B) The permit issuing Board may not attach
additional conditions that modify or alter the specific requirements set forth
in this chapter unless the development in question presents extraordinary
circumstances that justify the variation from the specified requirements.
(C) The Board may attach to a permit a condition
limiting the permit to a specified duration.
(D) In the case of subdivision and multifamily
development at the sketch plan/special use, preliminary plat or final plat
stage, the Board of Commissioners may establish time limits on the number of
lots/units available for development to assure adequate public facilities are
available.
(E) All additional conditions or requirements
shall be entered on the permit.
(F) All additional conditions or requirements
authorized by this section are enforceable in the same manner and to the same
extent as any other applicable requirement of this chapter.
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(G) A vote may be taken on application conditions
or requirements before consideration of whether the permit should be denied for
any of the reasons set forth in this subchapter.
(Ord. passed
§ 151.510 AUTHORIZING USE, OCCUPANCY OR
(A) In cases when, because of weather conditions or
other factors beyond the control of the special use or conditional use permit
recipient (exclusive of financial hardship) it would be unreasonable to require
the permit recipient to comply with all of the requirements of this chapter
before commencing the intended use of the property or occupying any buildings
or selling lots in a subdivision (with the
exception of water and sewer plant systems as noted in division (B)
below), the permit issuing Board may authorize the commencement of the intended
use or the occupancy of buildings or the sale of subdivision lots (insofar as
the requirements of this chapter are concerned) if the permit recipient meets
the conditions hereof in a manner satisfactory to the county to ensure that all
of these requirements will be fulfilled within a reasonable period (not to
exceed six months).
(B) With respect to centralized water and sewer
treatment plant construction, a performance bond may be posted with the county
for a period of one year from final plat approval (first final plat approval
granted if developed in phases or sections) to guarantee construction of the
system. Further, the permit
issuing Board
may grant up to two 1‑year extensions provided the applicant prepare and
present to the permit issuing Board a report outlining the current status of
the system and development prior to the expiration date of the currently held
bond. If the extension request is denied
by the permit issuing Board, the permit recipient shall be granted a six-month
period from denial date to complete installation of the required improvements
provided the recipient extends the currently held bond to cover this period.
Failure to extend the bond prior to expiration date shall give cause for the
county to execute the bond.
(C) When the Board imposes additional requirements
upon the permit recipient in accordance with this subchapter or when the
developer proposes in the plans submitted to install amenities beyond those
required by this chapter, the Board may authorize the permittee
to commence the intended use of the property or to occupy any building or to
sell any subdivision lots before the additional requirements are fulfilled or the amenities installed if it
specifies a date by which or a schedule according to which requirements must be
met or each amenity installed and if it concludes that compliance will be
ensured as the result of any one or more of the following:
(1) The permit recipient complies with the
conditions of § 151.242 in a manner satisfactory to the Board;
(2) A condition is imposed establishing an
automatic expiration date on the permit, thereby ensuring that the permit
recipient's compliance will be reviewed when application for renewal is made;
or
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(3) The nature of the requirements or amenities is
such that sufficient assurance of compliance is given as contained in §§
151.565 through 151.570.
(Ord. passed
§ 151.511 COMPLETING DEVELOPMENTS IN PHASES.
(A) If a development is constructed in phases or
stages in accordance with this section, then, subject to division (C) below,
the provisions of §§ 151.496 and 151.510 shall apply to each phase as if it
were the entire development.
(B) As a prerequisite to taking advantage of the
provisions of division (A) above, the developer shall submit plans that clearly
show the various phases or stages of the proposed development and the
requirements of this chapter that will be satisfied with respect to each phase
or stage.
(C) If a development that is to be built in phases
or stages includes improvements that are designed to relate to, benefit or be
used by the entire development (such as a swimming pool or tennis courts in a
residential development) then, as part of his or her application for
development approval, the developer shall submit a proposed schedule for
completion of the improvements. The
schedule shall relate completion of one or more phases or stages of the entire
development. Open space requirements
shall be met proportionally in each phase at or above the same percentage as
that phase relates to the total lots in the entire subdivision. Once a schedule has been approved and made
part of the permit by the permit issuing authority, no land may be used, no
buildings may be occupied and no subdivision lots may be sold, except in
accordance with the schedule approved as part of the permit, provided that:
(1) If the improvement is one required by this
chapter, then the developer may utilize the provisions of § 151.510; and
(2) If the improvement is an amenity not required
by this chapter or is provided in response to a condition imposed by the Board,
then the developer may utilize the provisions of § 151.510(B).
(Ord. passed
§ 151.512 EXPIRATION OF PERMITS.
(A) Zoning permits shall expire automatically if,
within one year after the issuance of the permit:
(1) The use authorized by the permit has not
commenced, in circumstances where no substantial construction, erection,
alteration, excavation, demolition or similar work is necessary before
commencement of the use; or
(2) Less than 5% of the total cost of all
construction, erection, alteration, excavation, demolition or similar work on
any development authorized by the permit has been completed on the site. With
respect to phased development, this requirement shall apply only to the first
phase.
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(B) If, after some physical alteration to land or
structures begins to take place, the work is discontinued for a period of one
year, then the zoning permit authorizing the work shall immediately
expire. However, expiration of the
permit shall not affect the provisions of § 151.514.
(C) Special use and conditional use permits shall
expire automatically if, within two years after the issuance of the permits:
(1) The use authorized by the permits has not
commenced, in circumstances where no substantial construction, erection,
alteration, excavation, demolition or similar work is necessary before
commencement of the use;
(2) A preliminary plat, if required, has not been
filed for approval and less than 5% of the total cost of all construction,
erection, alteration, excavation, demolition or similar work on any development
authorized by the permits has been completed on the site. With respect to phased development, this
requirement shall apply only to the first phase; or
(3) In the case where a preliminary plat is not
required, less than 5% of the total cost of all construction, erection,
alteration, excavation, demolition or similar work on any development
authorized by the permits has been completed on the site.
(D) (1) The
permit issuing authority may extend one time for a period up to one year the
date when a permit would otherwise expire pursuant to divisions (A)(1) and (2)
and (C)(1) through (3) if it concludes that:
(a) The permit has not yet expired;
(b) The permit recipient has proceeded with due
diligence and in good faith; and
(c) Conditions have not changed so substantially
as to warrant a new application.
(2) Successive extensions shall not be
granted. All extensions may be granted
without resort to the formal processes and fees required for a new permit.
(E) For purposes of this section, the permit
within the jurisdiction of the Board of Commissioners or the Board of Adjustment
is issued when the Board votes to approve the application and issue the
permit. A permit within the jurisdiction
of the Administrator is issued when the earlier of the following takes place:
(1) A copy of the fully executed permit has been
signed‑off by the Administrator; or
(2) The Administrator notifies the permit
applicant that the application has been approved and that all that remains
before a fully executed permit can be delivered is for the applicant to take
certain specified actions, such as having the permit executed by the property
owner so it can be recorded if required hereunder.
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(F) This section shall not be applicable to
permits issued prior to the effective date of this chapter.
(Ord. passed
§ 151.513 ZONING VESTED RIGHT.
(A) A zoning vested right shall be deemed
established upon the valid approval, or conditional approval by the Board of
Commissioners or the Board of Adjustment, as applicable, of a site specific
development plan, following notice and public hearing.
(B) For purposes of these regulations, a site
specific development plan shall constitute any one of the following approvals:
(1) Conditional use permit granted by the Board of
Adjustment;
(2) Special use permit granted by the Board of
Commissioners, except for subdivisions;
(3) For subdivisions requiring approval by the
Board of Commissioners, a preliminary plat or final plat when a sketch plan is
not required; and
(4) Approval of a commercial site plan by the
Board of Commissioners.
(C) A site specific development plan shall be
deemed approved upon the effective date of the approval authority's action or
ordinance relating thereto. A zoning
right that has been vested, as provided in this subchapter, shall remain vested
for a period of two years. This vesting
shall not be extended by any amendments or modifications to a site specific
development plan unless expressly provided by the approval authority at the
time the amendment or modification is approved.
(D) The establishment of a zoning vested right
shall not preclude the application of overlay zoning that imposes additional
requirements but does not affect the allowable type and intensity of use, or
ordinances or regulations that are general in nature and are applicable to all
property subject to land use regulation by the county, including, but not
limited to building, fire, plumbing, electrical and mechanical codes.
Otherwise, applicable new or amended regulations shall become effective
with respect to property that is subject
to a site specific development plan upon the expiration or termination of the
vested right in accordance with this subchapter.
(E) A zoning vested right is not a personal right,
but shall be attached to and run with the applicable property. After approval of a site specific development
plan, all successors to the original landowner shall be entitled to exercise
the right while applicable.
(F) A zoning right that has been vested as
provided in this subchapter shall terminate:
(1) At the end of the applicable vesting period
with respect to buildings and uses for which no valid building permit
applications have been issued;
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(2) With written consent of the affected
landowner;
(3) Upon findings by the Board of Commissioners,
by ordinance after notice and public hearing, that natural or man‑made
hazards on or in the immediate vicinity of the property, if uncorrected, would
pose a serious threat to the public health, safety and welfare if the project
were to proceed as contemplated in the site specific development plan;
(4) Upon payment to the affected landowner of
compensation for all costs, expenses and other losses incurred by the
landowner, including, but not limited to all fees paid in consideration of
financing and all architectural, planning, marketing, legal and other
consultant's fees incurred after approval by the county, together with interest
thereon at the legal rate until paid; (Compensation
shall not include any diminution in the value of the property which is caused
by the action.)
(5) Upon findings by the Board of Commissioners,
by ordinance after notice and a hearing, that a landowner or his or her
representative intentionally supplied inaccurate information or made material
misrepresentations which made a difference in the approval authority of the
site specific development plan; and
(6) Upon the enactment or promulgation of a state
or federal law or regulation that precludes development as contemplated in the
site specific development plan, in which case the approval authority may modify
the affected provisions, upon finding that the change in state or federal law
has a fundamental effect on the plan, by ordinance after notice and hearing.
(G) Nothing in this section is intended or shall be
deemed to create any vested right other than those established pursuant to G.S.
§ 153A‑344.1.
(H) In the event that G.S. § 153A‑344.1 is
repealed, this section shall be deemed repealed and the provisions hereof no
longer effective.
(I) This section shall be effective upon adoption
of this chapter and shall only apply to site specific development plans
approved on or after that date.
(Ord. passed
Statutory
reference:
Vesting rights,
see G.S. §§ 153A‑344.1 et seq.
§ 151.514 EFFECT OF PERMIT ON SUCCESSORS AND ASSIGNS.
(A) Zoning, special use, conditional use and sign
permits authorize the permittee to make use of land
and structures in a particular way. The
permits are transferable. However, so
long as the land or structures or any portion thereof covered under a permit
continues to be used for the purposes for which the permit was granted, then:
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(1) No person, including successors or assigns of
the person who obtained the permit, may make use of the land or structures
covered under the permit for the purposes authorized in the permit, except in
accordance with all the terms and requirements of that permit; and
(2) The terms and requirements of the permit apply
to and restrict the use of land or structures covered under the permit, not
only with respect to all persons having any interest in the property at the
time the permit was obtained, but also with respect to persons who subsequently
obtain any interest in all or part of the covered property and wish to use it
for or in connection with purposes other than those for which the permit was
originally issued, so long as the persons who subsequently obtain an interest
in the property had actual or record notice, as provided in division (B) below,
of the existence of the permit at the time they acquired their interest.
(B) Whenever a special use or conditional use
permit is issued to authorize development (other than single‑family or
two‑family residences) on a tract of land in excess of five acres,
nothing authorized by the permit may be done until the record owner of the
property signs a written acknowledgment that the permit has been issued so that
the permit may be recorded in the County Registry and indexed under the record
owner's name as grantor.
(Ord. passed
§ 151.515 AMENDMENTS TO AND MODIFICATIONS OF PERMITS.
(A) Minor changes from the permit, including
approved plans, issued by the Board of Commissioners, the Board of Adjustment
or the Administrator are permissible and the Administrator may authorize minor
changes. A change is minor if it has no
discernible impact on neighboring properties, the general public or those
intended to occupy or use the proposed development. Examples of minor changes are reduction in
density, increase of open space, slight lot line realignments, slight relocation of streets and changes that have
no substantial impact on neighboring properties. This is not intended to be an all‑inclusive
listing.
(B) Major design modifications or changes in
permits, including approved plans, are permissible with the approval of the
permit issuing authority. The permission
may be obtained without a formal application, public hearing or payment of any
additional fee. For purposes of this
section, major design modifications or changes are those that have substantial
impact on neighboring properties, the general public or those intended to
occupy or use the proposed development, increase in density, decrease of open
space, major shifting of lot lines and major shifting of streets. This is not intended to be an all‑inclusive
listing.
(C) All other requests for changes in approved
plans will be processed as new applications.
If the requests are required to be acted upon by the Board of
Commissioners or Board of Adjustment, new conditions may be imposed in
accordance with § 151.510, but the applicant retains the right to reject
additional conditions by withdrawing his or her request for an amendment and
may then proceed in accordance with the previously issued permit.
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(D) The Administrator shall determine whether
amendments to and modifications of permits fall within the categories set forth
above in division (A) through (C) above.
(E) A developer requesting approval of changes shall
submit a written request for the approval to the Administrator, which request
shall identify the changes. Approval of
all changes must be given in writing.
(Ord. passed
§ 151.516 RECONSIDERATION OF BOARD ACTION.
(A) Whenever:
(1) The Board of Commissioners disapproves a
special use permit application; or
(2) The Board of Adjustment disapproves an
application for a conditional use permit or a variance, on any basis other than
the failure of the applicant to submit a complete application, the action may
not be reconsidered by the respective Board at a later time unless the
applicant clearly demonstrates that:
(a) Circumstances affecting the property that is
the subject of the application have substantially changed; or
(b) New information is available that could not
with reasonable diligence have been presented at a previous hearing. A request to be heard on this basis must be
filed with the Administrator within the time period for an appeal to Superior
Court. However, such a request does not
extend the period within which an appeal must be taken.
(B) (1) The
Board of Commissioners or Board of Adjustment may at any time consider a new
application affecting the same property as an application previously denied.
(2) A new application is one that differs in some
substantial way from the one previously considered.
(Ord. passed
§ 151.517 APPLICATIONS TO BE PROCESSED EXPEDITIOUSLY.
Recognizing that
inordinate delays in acting upon appeals or applications may impose unnecessary
costs on the appellant or applicant, the county shall make every reasonable
effort to process appeals and permit applications as expeditiously as possible,
consistent with the need to ensure that all development conforms to the
requirements of this chapter.
(Ord. passed
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§ 151.518 MAINTENANCE OF COMMON AREAS, IMPROVEMENTS AND
FACILITIES.
The recipient of
any zoning, special use, conditional use or sign permit, or his or her
successor, shall be responsible for maintaining all common areas, improvements
or facilities required by this chapter or any permit issued in accordance with
its provisions, except those areas, improvements or facilities with respect to
which an offer of dedication to the public has been accepted by the
appropriate public authority. As illustrations, this means that private
roads and parking areas, water and sewer lines and recreational facilities must
be properly maintained so that they can be used in the manner intended, and
required vegetation and trees used for screening, landscaping or shading must
be replaced if they die or are destroyed.
(Ord. passed
APPEALS,
VARIANCES AND INTERPRETATIONS
§ 151.530 APPEALS.
(A) An appeal from any final order or decision of
the Administrator may be taken to the Board of Adjustment by any person
aggrieved. An appeal is taken by filing
with the Administrator and the Board of Adjustment a written notice of appeal
specifying the grounds therefor. A notice of appeal shall be considered filed
with the Administrator and the Board of Adjustment when delivered to the office
of the Administrator and the date and time of filing shall be entered on the
notice by the staff.
(B) An appeal must be taken within ten days after
the date of the decision or order appealed from.
(C) Whenever an appeal is filed, the Administrator
shall forthwith transmit to the Board of Adjustment all the papers constituting
the record relating to the action appealed from.
(D) An appeal stays all actions by the
Administrator seeking enforcement of or compliance with the order or decision
appealed from unless the Administrator sends a written notice to the
Chairperson of the Board of Adjustments setting forth detailed reasons, which
written notice shall constitute the certificate requirement of G.S. § 153A‑345(b)
that a stay would, in his or her opinion, cause imminent peril to life or
property. If, after the Administrator
has sent the written notice to the Chairperson of the Board of Adjustment and
has allowed the violator a reasonable opportunity to comply with this chapter,
the violation persists and there is imminent peril to life or property, the
Administrator may immediately seek injunctive relief from the courts. In that case, proceedings shall not be stayed
except by order of the Board of Adjustment or a court, issued on application of
the party seeking the stay, for due cause shown, after notice to the
Administrator.
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(E) (1) The
Board of Adjustment may reverse or affirm (wholly or partly) or may modify the
order, requirement or decision or determination appealed from and shall make
any order, requirement, decision or determination that in its opinion should be
made in the case before it. To this end,
the Board shall have all the powers of the officer from whom the appeal is
taken.
(2) In reversing or modifying the order,
requirement, decision or determination of the Administrator, the Board of
Adjustment shall make detailed written findings of fact and conclusions arising
from the facts which explain and justify the decision, which written findings
and conclusions shall be incorporated into the minutes of the meeting.
(Ord. passed
§ 151.531 VARIANCES.
(A) An application for a variance shall be
submitted to the Board of Adjustment by filing a copy of the application in the
office of the Administrator.
Applications shall be handled in the same manner as applications for
conditional use permits.
(B) A variance may be granted by the Board of
Adjustment if it concludes that strict enforcement of this chapter would result
in practical difficulties or unnecessary hardships for the applicant and that,
by granting the variance, the spirit of the chapter will be observed, public
safety and welfare secured and substantial justice done. It may reach these conclusions if it makes
detailed written findings that:
(1) If the applicant complies strictly with the
provisions of this chapter, he or she can make no reasonable use of his or her
property;
(2) The hardship of which the applicant complains
is one suffered by the applicant rather than by neighbors or the general
public;
(3) The hardship relates to the applicant's land,
rather than personal circumstances;
(4) The hardship is unique, or nearly so, rather
than one shared by many surrounding properties;
(5) The hardship is not the result of the
applicant's own actions; and
(6) The variance will neither result in the
extension of a nonconforming situation in violation of §§ 151.360 through
151.368 nor authorize the initiation of a nonconforming use of land.
(C) In granting variances, the Board of Adjustment
may impose reasonable conditions as will ensure that the use of the property to
which the variance applies will be as compatible as practicable with the
surrounding properties. In granting a
variance, the Board of Adjustment shall make detailed written findings of fact
and conclusions arising from the facts which explain and justify the decision,
which written findings and conclusions shall be incorporated into the minutes
of the meeting.
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(D) A variance may be issued for an indefinite
duration or for a specified duration only.
However, the variance from the terms of the chapter shall continue, last
or exist for so long as the principal structure shall remain habitable.
(E) The nature of the variance and any conditions
attached to it shall be entered on the face of the zoning permit, or the zoning
permit may simply note the issuance of the variance and refer to the written
record of the variance for further information.
All conditions are enforceable in the same manner as any other
applicable requirement of this chapter.
(F) No application for a variance may be accepted
by the Administrator, Planning Department or the Board of Adjustment until the
applicant has shown evidence to the Planning Department that all property taxes
due on the property for which the application is sought shall have been paid.
(Ord. passed
§ 151.532 VARIANCES FROM FLOODPLAIN OR FLOODWAY
REQUIREMENTS.
(A) In addition to the other requirements of §
151.531, a variance from any of the requirements set forth in §§ 151.380 et
seq. may be granted by the Board of Adjustment if:
(1) The variance is the minimum necessary to
afford relief, considering the flood hazard; and
(2) The granting of the variance will not result
in increased flood heights, additional threats to public safety, extraordinary
public expense, create nuisance, cause fraud or victimization of the public or
conflict with existing local laws or ordinances.
(B) Any applicant to whom a variance from the
requirements set forth in §§ 151.380 et seq. is granted shall be given
written notice specifying the difference between the base flood elevation and
the elevation to which the structure is to be built and a written statement
that the cost of flood insurance will be commensurate with the increased risk
resulting from the reduced lowest floor elevation. The notification shall be maintained with a
record of all variance actions.
(C) The Administrator shall, for actions and
variances involving the requirements set forth in §§ 151.380 et seq.,
maintain the records of all appeal actions and report any variances to the
Federal Emergency Management Agency upon request.
(D) Variances may be issued for the reconstruction,
rehabilitation or restoration of structures listed on the National Register of
Historic Places or the State Inventory of Historic Places without regard to the
procedures set forth in this section.
(Ord. passed
2003 S‑2
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§ 151.533 INTERPRETATIONS.
(A) The Board of Adjustment is authorized to
interpret the zoning map and to pass upon disputed questions of lot lines or
district boundary lines and similar questions.
If the questions arise in the context of an appeal from a decision of
the Administrator, they shall be handled as provided in § 151.530.
(B) An application for an zoning map
interpretation shall be submitted to the Board of Adjustment by filing a copy
of the application in the office of the Administrator. The application shall contain sufficient
information to enable the Board to make the necessary interpretation.
(C) Where uncertainty exists as to the boundaries
of districts as shown on the official zoning map the following rules shall
apply.
(1) Boundaries indicated as approximately
following the centerlines of alleys, streets, highways, streams or railroads
shall be construed to follow the centerlines.
(2) Boundaries indicated as approximately
following lot lines, city limits or extraterritorial boundary lines, shall be
construed as following the lines, limits or boundaries.
(3) Boundaries indicated as approximately parallel
to the centerlines of streets or other rights‑of‑way shall be
construed as being parallel thereto and at the distance therefrom
or as indicated on the zoning atlas.
(4) Boundaries indicated as following shorelines
shall be construed to follow the shorelines, and in the event of change in the
shoreline shall be construed as following the shorelines.
(5) Where a district boundary divides a lot or
where distances are not specifically indicated on the official zoning map, the
boundary shall be determined by measurement, using the scale of the official
zoning map.
(6) Where any street or alley is hereafter
officially vacated or abandoned, the regulations applicable to each parcel of
abutting property shall apply to that portion of the street or alley added
thereto by virtue of vacation or abandonment.
(D) Interpretations of the location of floodway and
floodplain boundary lines may be made by the Administrator as provided in §§
151.380 through 151.390 and 151.400 through 151.403.
(Ord. passed
§ 151.534 REQUESTS TO BE HEARD EXPEDITIOUSLY.
The Board of
Adjustment shall hear and decide all appeals, variance requests and requests
for interpretations as expeditiously as possible, consistent with the need to
follow regularly established agenda procedures, provide notice in accordance
with §§ 151.550 through 151.555, and obtain the necessary information to make
sound decisions.
(Ord. passed
2003 S‑2
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§ 151.535 BURDEN OF PROOF IN APPEALS AND VARIANCES.
(A) When an appeal or variance is taken to the
Board of Adjustment in accordance with § 151.530, the Administrator shall have
the initial burden of presenting to the Board sufficient evidence and argument
to justify the order or decision appealed from.
The burden of presenting evidence and argument to the contrary then
shifts to the appellant, who shall also have the burden of persuasion.
(B) The burden of presenting evidence sufficient
to allow the Board of Adjustment to reach the conclusions set forth in §
151.531(B), as well as the burden of persuasion on those issues, remains with
the applicant seeking the variance.
(Ord. passed
§ 151.536 BOARD ACTION ON APPEALS AND VARIANCES.
(A) With respect to appeals, a motion to reverse,
affirm or modify the order, requirement, decision or determination appealed
from shall include a statement of the specific reasons or findings of facts
that support the motion. If a motion to
reverse or modify is not made or fails to receive the four‑fifths vote
necessary for adoption, then a motion to uphold the decision appealed from
shall be in order. This motion is
adopted as the Board's decision if supported by more than one member, (such as
regular member or alternate sitting in lieu thereof).
(B) Before granting a variance, the Board must
take a separate vote and vote affirmatively, by a four-fifths majority, on each
of the six required findings stated in § 151.531(B). A motion to make an affirmative finding on
each of the requirements set forth in § 151.531(B) shall include a statement of
the specific reasons or findings of fact supporting the motion. In granting a variance, the Board shall make
detailed written affirmative findings for each of the requirements set forth in
§ 151.531(B), which written findings shall be incorporated into the minutes of
the meeting during which the variance was granted.
(C) A motion to deny a variance may be made on the
basis that any one or more of the six criteria set forth in § 151.531(B) are
not satisfied or that the application is incomplete. A motion shall include a statement of the
specific reasons or findings of fact that support it. This motion is adopted as the Board's
decision if supported by more than one member, which is one regular member or
alternate sitting in lieu thereof.
(D) Each decision of the Board is considered a
final decision when the decision has been typed by the office of the
Administrator and signed by the Administrator, his or her staff or designee.
(Ord. passed
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HEARING PROCEDURES FOR
APPEALS AND APPLICATIONS
§ 151.550 HEARING REQUIRED ON APPEALS AND APPLICATIONS.
(A) Before making a decision on an appeal or an
application for a variance, special use permit, conditional use permit, or a
petition from the administrator to revoke a special use permit, conditional use
permit or zoning permit, the Board of Adjustment or the Board of Commissioners,
as the case may be, shall hold a hearing on the appeal or application.
(B) Subject to division (C) below, the hearing
shall be open to the public and all persons interested in the outcome of the
appeal or application shall be given an opportunity to present evidence and
arguments and ask questions of persons who testify.
(C) The Board of Adjustment or Board of
Commissioners may place reasonable and equitable limitations on the
presentation of evidence and arguments and the cross examination of witnesses
so that the matter at issue may be heard and decided without undue delay.
(D) The hearing Board may continue the hearing
until a subsequent meeting and may keep the hearing open to take additional
information up to the point a final decision is made. No further notice of a continued hearing need
be published unless a period of eight weeks or more elapses between hearing
dates.
(Ord. passed
§ 151.551 NOTICE OF HEARING.
(A) In the case of a request for a special use
permit, the applicant will provide a mailed notice to all adjacent property
owners within 150 feet of the subject property at least ten days prior to the
Planning Board meeting at which the request is to be heard. Proof of mailing shall be furnished to the
Planning Department.
(B) The Administrator shall give notice of any
hearing required by § 151.550 as follows.
(1) Notice shall be given to the appellant or
applicant and any other person who makes a written request for the notice by
mailing to such persons a written notice not later than ten days before the
hearing.
(2) Notice shall be given to neighboring property
owners by mailing a written notice not later than ten days before the hearing
to those persons who have listed for taxation real property any portion of
which is located within 150 feet of the lot that is the subject of the
application or appeal.
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(3) In the case of conditional and special use
permits, notice shall be given to other potentially interested persons by
publishing a notice in a newspaper having general circulation in the area one
time not less than ten nor more than 25 days prior to the date fixed for the
hearing.
(4) The notice required by this section above
shall state the date, time and place of the hearing, reasonably identify the
lot that is the subject of the application or appeal and give a brief
description of the action requested or proposed.
(5) The planning staff shall post a notice of the
hearing in the vicinity of the property in question.
(6) The Administrator shall make every reasonable
effort to comply with the notice provisions set forth in this section. However, it is not the Board's intention that
failure to comply with any of the notice provisions that are not statutorily
required shall render any decision invalid.
(Ord. passed
§ 151.552 EVIDENCE.
(A) The provisions of this section apply to all
hearings for which a notice is required by § 151.550.
(B) All persons who intend to present evidence to
the permit issuing board, rather than arguments only, shall be sworn.
(C) All findings and conclusions necessary to the
issuance or denial of the requested permit or appeal (crucial findings) shall
be based upon reliable evidence.
Competent evidence (evidence admissible in a court of law) shall be
preferred whenever reasonably available, but in no case may crucial findings be
based solely upon incompetent evidence unless competent evidence is not
reasonably available, the evidence in question appears to be particularly
reliable and the matter at issue is not seriously disputed.
(Ord. passed
§ 151.553 MODIFICATION OF APPLICATION AT HEARING.
(A) In response to questions or comments by persons
appearing at the hearing or to suggestions or recommendations by the Board of
Commissioners or Board of Adjustment, the applicant may agree to modify his
application, including the plans and specifications submitted.
(B) Unless the modifications are so substantial or
extensive that the Board cannot reasonably be expected to perceive the nature
and impact of the proposed changes without revised plans before it, the Board
may approve the application with the stipulation that the permit will not be
issued until plans reflecting the agreed upon changes are submitted to the
planning staff.
(Ord. passed
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§ 151.554 RECORD.
(A) A tape recording shall be made of all hearings
required by § 151.550 and the recordings shall be kept for at least two
years. Accurate minutes shall also be
kept of all proceedings, but a transcript need not be made.
(B) Whenever practicable, all documentary evidence
presented at a hearing as well as all other types of physical evidence shall be
made a part of the record of the proceedings and shall be kept by the county
for at least two years.
(Ord. passed
§ 151.555 WRITTEN DECISION.
(A) Any decision made by the Board of Adjustment or
Board of Commissioners regarding an appeal or variance or issuance or
revocation of a conditional use permit or special use permit shall be reduced
to writing and mailed by certified mail return receipt requested to the
applicant or appellant and all other persons who make a written request for a
copy.
(B) In addition to a statement of the Board's ultimate
disposition of the case and any other information deemed appropriate, the
written decision shall state the Board's findings and conclusions, as well as
supporting reasons or facts, whenever this chapter requires the same as a
prerequisite to taking action.
(Ord. passed
ENFORCEMENT AND
REVIEW
§ 151.565 COMPLAINTS REGARDING VIOLATIONS.
Whenever the
Administrator receives a written, signed complaint alleging a violation of this
chapter, he or she shall investigate the complaint, take whatever action is
warranted and inform the complainant in writing what actions have been or will
be taken.
(Ord. passed
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§ 151.566 PERSONS LIABLE.
The owner,
tenant or occupant of any building or land or part thereof and any architect,
builder, contractor, agent or other person who participates in, assists,
directs, creates or maintains any situation that is contrary to the
requirements of this chapter may be held responsible for the violation and
suffer the penalties and be subject to the remedies herein provided.
(Ord. passed
§ 151.567 PROCEDURES UPON DISCOVERY OF VIOLATIONS.
(A) (1) If
the Administrator finds that any provision of this chapter is being violated,
he or she shall serve written notice to the person responsible for the
violation, indicating the nature of the violation and ordering the action
necessary to correct it.
(2) Additional written notices may be sent at the
Administrator's discretion.
(B) The final written notice, and the initial written
notice may be the final notice, shall state what action the Administrator
intends to take if the violation is not corrected and shall advise that the
Administrator's decision or order may be appealed to the Board of Adjustment in
accordance with §§ 151.530 through 151.536.
(C) In cases when delay would seriously threaten
the effective enforcement of this chapter or pose a danger to the public
health, safety or welfare, the Administrator may seek enforcement without prior
written notice by invoking any of the penalties or remedies authorized in §
151.568.
(Ord. passed
§ 151.568 PENALTIES AND REMEDIES FOR VIOLATIONS.
(A) Violations of the provisions of this chapter or
failure to comply with any of its requirements, including violations of any
conditions and safeguards established in connection with grants of variances or
special use or conditional use permits, shall constitute a misdemeanor,
punishable by a fine of up to $500 or a maximum 30 days imprisonment, as
provided in G.S. § 14‑4.
(B) Any act constituting a violation of the
provisions of this chapter or a failure to comply with any of its requirements,
including violations of any conditions and safeguards established in connection
with the grants of variances or special use or conditional use permits, shall
also subject the offender to a civil penalty of $100 for each day the violation
continues. If the offender fails to pay
this penalty within ten days after being cited for a violation, the penalty may
be recovered by the county in a civil action in the nature of debt. A civil penalty may not be appealed to the
Board of Adjustment if the offender was sent a final notice of violation in
accordance with § 151.567 and did not take an appeal to the Board of Adjustment
within the prescribed time.
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(C) This chapter may also be enforced by any
appropriate equitable action.
(D) Each day that any violation continues after
notification by the Administrator that the violation exists shall be considered
a separate offense for purposes of the penalties and remedies specified in this
section.
(E) Any one, all or any combination of the
foregoing penalties and remedies may be used to enforce this chapter.
(Ord. passed
§ 151.569 PERMIT REVOCATION.
(A) A zoning, special use or conditional use permit
may be revoked by the permit issuing authority, in accordance with the
provisions of this section, if the permit recipient fails to develop or
maintain the property in accordance with the plans submitted, the requirements
of this chapter or any additional requirements lawfully imposed by the permit
issuing board.
(B) Before a conditional use or special use permit
may be revoked, all of the notice and hearing and other requirements of §§
151.550 through 151.555 shall be complied with.
The notice shall inform the permit recipient of the alleged grounds for
the revocation:
(1) The burden of presenting evidence sufficient
to authorize the permit issuing authority to conclude that a permit should be
revoked for any of the reasons set forth in division (A) above shall be upon
the party advocating that position. The
burden of persuasion shall also be upon that party.
(2) A motion to revoke a permit shall include,
insofar as practicable, a statement of the specific reasons or findings of fact
that support the motion.
(C) Before a zoning permit may be revoked, the
Administrator shall give the permit recipient ten days notice of intent to
revoke the permit and shall inform the recipient of the alleged reasons for the
revocation and of his or her right to obtain an informal hearing on the
allegations. If the permit is revoked, the Administrator shall provide to the permittee a written statement of the decision and the
reasons therefor.
(D) No person may continue to make use of land or
buildings in the manner authorized by any zoning, special use or conditional
use permit after the permit has been revoked in accordance with this section.
(Ord. passed
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§ 151.570 JUDICIAL REVIEW.
(A) Every decision of the Board of Commissioners
granting or denying a special use permit and every final decision of the Board
of Adjustment shall be subject to review by the Superior Court of the county by
proceedings in the nature of certiorari.
(B) The petition for the writ of certiorari must
be filed with the
(1) A written copy of the Board's decision has
been filed in the office of the Administrator; and
(2) A written copy of the Board's decision has
been delivered, by personal service or certified mail, return receipt
requested, to the applicant or appellant and every other aggrieved party who
has filed a written request for the copy at the hearing of the case.
(C) A copy of the petition for writ of certiorari
shall be served upon the county.
(Ord. passed
AMENDMENTS
§ 151.580 AMENDMENTS IN GENERAL.
(A) Amendments to the text of this chapter or to
the zoning map may be made in accordance with the provisions of this
subchapter.
(B) For the purpose of this subchapter, the
following definition shall apply unless the context clearly indicates or
requires a different meaning.
MAJOR MAP
AMENDMENT. An amendment that addresses
the zoning district classification of five or more tracts of land in separate
ownership or any parcel of land, regardless of the number of lots or owners, in
excess of 50 acres. All other amendments
to the zoning district map shall be referred to as MINOR MAP AMENDMENTS.
(Ord. passed
§ 151.581 INITIATION OF AMENDMENTS.
(A) An amendment to the text of this chapter or to
the zoning map may be initiated by the Board of Commissioners, the Planning
Board, the Administrator or any other interested person.
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(B) Any petition for rezoning property must be
signed by the petitioner who shall indicate the capacity in which he or she
filed the petition. In the event the
party filing the petition is someone filing the same on behalf of the owner,
the party shall attach his or her authority to execute the petition on behalf
of the owner to the petition.
(C) Notice of the Board of Commissioners's
consideration of a proposed minor map amendment shall be sent to the owner of
the property to be rezoned and to adjoining property owners as provided in
§ 151.583.
(D) Unless the Board of Commissioners find that
there have been substantial changes in conditions or circumstances bearing on
the application, the county shall not accept for consideration a petition for a
text or map amendment:
(1) Within one year prior to the date the petition
is submitted, the Board of Commissioners has denied a previous rezoning request
for the same property or has approved a rezoning to a more restrictive
classification than requested or the applicant has withdrawn a previous request
after consideration of the request by the Planning Board; or
(2) Within one year prior to the date the petition
is submitted, the Board of Commissioners has denied a substantially similar
request for a text amendment.
(E) No property will be accepted for a rezoning
request within any zoning district unless and until an appropriate
certification from the local Health Department has been obtained and submitted
along with the application for rezoning.
(Ord. passed
§ 151.582 PLANNING BOARD CONSIDERATION OF PROPOSED
AMENDMENTS.
(A) Every proposed map or text amendment shall be
referred to the Planning Board for its consideration.
(B) The applicant will provide a mailed notice to
all adjacent property owners within 150 feet of the subject property at least
ten days prior to the Planning Board meeting at which the request is to be
heard. Proof of mailing shall be
furnished to the Planning Department.
(C) The Planning Board shall endeavor to review the
proposed amendment in a timely fashion that any recommendations it may have can
be presented to the Board at the public hearing on the amendment. However, if the Planning Board is not
prepared to make recommendations at the public hearing, it may request the
Board to delay final action on the amendment until the time as the Planning
Board can present its recommendations.
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(D) The Board of Commissioners may not take final
action approving a proposed amendment until it has received the recommendation
of the Planning Board or until 60 days have passed since the Planning Board's
initial hearing on the request where the applicant or authorized representative
is in attendance, whichever occurs first.
However, the Board of Commissioners are not bound by the
recommendations, if any, of the Planning Board.
(Ord. passed
§ 151.583 HEARING REQUIRED; NOTICE.
(A) No ordinance that amends any of the provisions
of this chapter, including the zoning map, may be adopted until a public
hearing has been held on the ordinance.
(B) (1) The
Administrator shall publish a notice of the public hearing on any request that
amends the provisions of this chapter, including the zoning map, once a week
for two successive weeks in a newspaper having general circulation in the
county.
(2) The notice shall be published for the first
time not less than ten days nor more than 25 days before the date fixed for the
hearing. In computing this period, the
date of publication shall not be counted but the date of the hearing shall be.
(C) With respect to minor map amendments, the
Administrator shall mail written notice of the public hearing to the record
owners for tax purposes of all properties whose zoning classification is
changed by the proposed amendment as well as the owners of all properties any
portion of which is within 150 feet of the property rezoned by the
amendment. The person mailing the
notices shall certify the fact of the mailing to the Board of Commissioners.
(D) The planning staff shall also post notices of
the public hearing in the vicinity of the property rezoned by a proposed minor
map amendment and may take any other action deemed by the planning staff to be
useful or appropriate to give notice of the public hearing on any amendment.
(E) The notice required or authorized by this
section shall:
(1) State the date, time and place of the public
hearing;
(2) Summarize the nature and character of the
proposed change;
(3) If the proposed amendment involves a change in
zoning district classification, reasonably identify the property whose
classification would be affected by the amendment;
(4) State that the full text of the amendment can
be obtained from the Planning Department; and
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(5) State that substantial changes in the proposed
amendment may be made following the public hearing.
(F) The Administrator shall make every reasonable
effort to comply with the notice provisions set forth in this section. However, it is not the Board's intention that
failure to comply with any of the notice provisions that are not statutorily
required shall render any amendment invalid.
(Ord. passed
§ 151.584 BOARD ACTION ON AMENDMENTS.
(A) At the conclusion of the public hearing on a
proposed amendment, the Board may proceed to vote on the proposed ordinance,
defer action to a subsequent meeting or take any other action consistent with
its usual rules of procedure.
(B) The Board is not required to take final action
on a proposed amendment within any specific period of time, but it should
proceed as expeditiously as practicable on petitions for amendments since
inordinate delays can result in the petitioner incurring unnecessary costs.
(C) Voting on amendments to this chapter shall
proceed in the same manner as other ordinances.
(Ord. passed
§ 151.585 ULTIMATE ISSUE BEFORE BOARD ON AMENDMENTS.
(A) In deciding whether to adopt a proposed
amendment to this chapter, the central issue before the Board is whether the
proposed amendment advances the public health, safety or welfare.
(B) All other issues are irrelevant and all
information related to other issues at the public hearing may be declared
irrelevant by the Chairperson and excluded.
(C) In particular, when considering proposed map
amendments:
(1) The Board shall not rely upon any
representations made by the petitioner that, if the change is granted, the
rezoned property will be used for only one of the possible range of uses
permitted in the requested classification.
Rather, the Board shall consider whether the entire range of permitted
uses in the requested classification is more appropriate than the range of uses
in the existing classification.
(2) The Board shall not regard as controlling any
advantages or disadvantages to the individual requesting the change, but shall
consider the impact of the proposed change on the public at‑large.
(Ord. passed
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§ 151.586 MAP AMENDMENTS ALONG MAJOR ARTERIALS.
Areas zoned for
non‑residential purposes along the county's major arterials have been
carefully selected, taking into account existing needs and uses. Additional areas along these major arterials
shall not be rezoned to non‑residential districts, except upon an
extraordinary showing of public need or demand and then only to expand an
adjacent zoning district of the same classification as the district requested.
(Ord. passed
DEFINITIONS
§ 151.600 DEFINITIONS OF BASIC TERMS.
For the purpose
of this chapter, the following definitions shall apply unless the context
clearly indicates or requires a different meaning.
ACCESSORY USE. A use customarily incidental and subordinate
to the principal use of a building and located on the same lot or building.
ACREAGE. Total acreage shall mean gross acres.
ADAPTIVE REUSE
OF HISTORIC PROPERTY. Any
use of a structure or tract of land that is listed on the National Register of
Historic Places, together with surrounding grounds, that would not generally be
permissible in the district where the property is located, but which the Board
concludes, pursuant to the standards set forth in §§ 151.345 through 151.347,
allows the property to be used in a manner that is economically viable while
still preserving its historic character.
ADJOINING
PROPERTY. When used in connection
with a notice requirement under this chapter, this term shall refer to any
tract having a border that touches at any point the border of the property that
the subject of a proposed permit, appeal, variance or rezoning, as well as any
tract that would have a common border point with the subject property if one
were to disregard:
(1) Any intervening street or other public or
utility right‑of‑way; and
(2) Any intervening property that is under the
same ownership as the subject property.
ADMINISTRATOR. The County Planning Director or other
designee whose responsibility is to enforce the regulations contained within
this chapter.
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AGRIBUSINESS. A commercial operation that:
(1) Involves the processing or distribution of
farm products or the sale or repairs of farm machinery, equipment or supplies;
and
(2) Is not otherwise specifically listed in the
table of § 151.334.
AGRICULTURAL
LAND. Including the woodland and
wasteland which form a contiguous part thereof constituting a farm unit.
AIRCRAFT. Any contrivance used or designed for
navigation of or flight in the air by one or more persons.
AIRPORT. An area of land or water that is designed or
used on a recurring basis for the landing and take‑off of aircraft,
except that an airstrip shall not be considered an AIRPORT.
AIRSTRIP. An area of land or water, located on private
property, which the owner of the land uses, or authorizes the use of, for the
landing and take‑off of:
(1) Not more than two aircraft owned or leased by
the owner of the property; or
(2) Aircraft engaged in crop-dusting of land owned
or leased by the owner of the property.
ANTENNA. Equipment designed to transmit or receive
electronic signals.
ARBOR. A structure with an open roof system
providing partial shading and which may also have non‑opaque fencing on
the outside perimeter.
AREA OF
ENVIRONMENTAL CONCERN. An
area designated as such by the State Coastal Resources Commission, pursuant to
G.S. § 113A‑113 of the Coastal Area Management Act.
AUTOMOBILE
REPAIR SHOP OR BODY SHOP. The
repair, rebuilding or reconditioning of motor vehicles or motor vehicle parts,
including minor repair, major mechanical and body work, steam cleaning,
painting, tire recapping, regrooving and welding.
AUTOMOBILE
SERVICE STATION. A retail establishment
engaged in selling gasoline, diesel fuel, oil and similar automobile
accessories or services and which may conduct the following accessory
automobile repair services: muffler service, engine tune‑ups, greasing,
brake and radiator repair and electrical service and tire replacement and other
minor automobile repairs, excluding body work, major mechanical work, steam
cleaning, painting, tire recapping or regrooving and
welding.
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BASE FLOOD. The flood having a 1% chance of being equaled
or exceeded in any given year. Also
known as the 100‑YEAR FLOOD.
BED AND
BREAKFAST. A use:
(1) That takes place within a building that,
before the effective date of this chapter, was designed and used as a single‑family
detached dwelling;
(2) That consists of a single dwelling unit
together with the rental of one or more dwelling rooms on a daily or weekly
basis to tourists, vacationers or similar transients;
(3) Where the provision of meals, if provided at
all, is limited to the breakfast meal; and
(4) Where the bed and breakfast operation is
conducted primarily by persons who reside within the dwelling unit, with the
assistance of not more than the equivalent of one full‑time employee.
BILLBOARD. An off‑premises sign owned by a person,
corporation or other entity that engages in the business of selling or leasing
the advertising space on that sign.
BOARD. The Board of Commissioners of
BOARDING HOUSE. A residential use:
(1) That consists of at least one dwelling unit
together with more than two rooms that are rented out or are designed or
intended to be rented but which rooms, individually or collectively, do not
constitute separate dwelling units;
(2) Where the rooms are occupied by longer term
residents (at least month‑to‑month tenants) as opposed to overnight
or weekly guests; and
(3) Where the dwelling unit is permanently
occupied by the owners or operators of the BOARDING HOUSE.
BONA FIDE FARM. For purposes of this chapter, any tract or
tracts of land, one of which must contain at least ten acres which meets the
following criteria:
(1) On the property an owner or leasee is actively engaged in a substantial way in the
commercial production or growing of crops, plants, livestock or poultry; and
(2) The property has produced or yielded, during
each of the three immediately preceding years, a gross income from the above‑described
commercial production or growing of crops, plants, livestock or poultry,
including payments received under Soil Conservation or Land Retirement
Programs, but not land rents paid to a non‑resident owner, of at least
$1,000.
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BUFFER STRIP. A strip of land which by width or vegetation
or fencing or a combination of these protects adjoining properties from
incompatible views, noises, fumes, lighting and other disturbances.
BUILDING. A structure having a roof and designed to be
used as a place of occupancy, indoor employment, storage or shelter.
BUILDING,
ACCESSORY. A minor building that is
located on the same lot as a principal building and that is used incidentally
to a principal building or that houses an accessory use.
BUILDING,
PRINCIPAL. The primary building on a
lot or a building that houses a principal use.
BUILDING SETBACK
LINE. As used in this chapter,
the distance between the nearest position of any building and a street or
highway right‑of‑way line when measured perpendicularly thereto.
CAMP. A temporary shelter (cabin, tent or camper)
or open air area where one or more persons camp.
CAMPER. A portable dwelling (as a special equipped
trailer or automobile vehicle) for use during casual travel and camping (see
also MANUFACTURED HOUSING).
CAMPING. To live temporarily in a camp or outdoors.
CERTIFY. Whenever this chapter requires that some
agency certify the existence of some fact or circumstance to the county, the
county may require that the certification be made in any manner that provides
reasonable assurance of the accuracy of the certification. By way of illustration, and without limiting
the foregoing, the county may accept certification by telephone from some
agency when the circumstances warrant it or the county may require that the
certification be in the form of a letter, sealed certification or other
document.
CHILD CARE HOME. A home for not more than nine orphaned,
abandoned, dependent, abused or neglected children, together with not more than
two adults who supervise the children, all of whom live together as a single
housekeeping unit.
CHILD CARE
INSTITUTION. An institutional facility
housing more than nine orphaned, abandoned, dependent, abused or neglected
children.
CIRCULATION
AREA. The portion of the vehicle
accommodation area used for access to parking or loading areas or other facilities
on the lot. Essentially, driveways and
other maneuvering areas, other than parking aisles, comprise the circulation
area.
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COMBINATION USE. A use consisting of a combination on one lot
of two or more principal uses separately listed in the table of § 151.334. Under some circumstances, a second principal
use may be regarded as accessory to the first and thus a combination use is not
established. In addition, when two or more separately owned or separately
operated enterprises occupy the same lot and all enterprises fall within the
same principal use classification, this shall not constitute a combination use.
COMMUNITY
SERVICE FACILITY. Includes, but is
not limited to facilities for the provision of water, sewer, transportation,
law enforcement, fire prevention and suppression, telecommunications and any
other public service provided to the community by the county or other
governmental agency.
CONDITIONAL USE
PERMIT. A permit issued by the
Board of Adjustment that authorizes the recipient to make use of property in
accordance with the requirements of this chapter, as well as any additional
requirements imposed by the Board of Adjustment.
CONDOMINIUM. A building or group of buildings in which
dwelling units, offices or floor area are owned individually and the structure,
common areas and facilities are owned by all the owners on a proportional
undivided basis.
CONVENIENCE
STORE. A one story, retail store
containing less than 2,000 square feet of gross floor area that is designed and
stocked to sell primarily food, beverages and other household supplies to
customers who purchase only a relatively few items, in contrast to a
supermarket. It is designed to attract
and depends upon a large volume of “stop and go” traffic. Illustrative examples of convenience stores
are those operated by the “Fast Fare,” “7‑11” and “Pantry” chains.
COUNTY.
DANCE HALLS,
BARS and NIGHTCLUBS.
An establishment whose principal business involves facilities providing
live or recorded music and as part of the business involves the sale of food
and beverage for consumption on the premises, and which, as part of its regular
method of operation, allows into the establishment a number of patrons or
customers which exceeds by 25% or more the seating capacity provided in the
establishment. This definition shall not
include DANCE HALLS, BARS or NIGHTCLUBS that are an
accessory use to a full service restaurant, hotel or similar use which shall be
subject to the provisions of the principal use.
DAY-CARE CENTER. As defined in G.S. § 110‑86(3), as well
as a center providing day care on a regular basis for more than two hours per
day for more than five senior citizens or children.
DEVELOPER. A person who is responsible for any
undertaking that requires a zoning permit, special use permit, conditional use
permit or sign permit.
DEVELOPMENT. That which is to be done pursuant to a zoning
permit, special use permit, conditional use permit or sign permit.
DIMENSIONAL
NONCONFORMITY. A nonconforming situation
that occurs when the height, size or
minimum floor space of a structure or the relationship between an existing
building or buildings
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and other
buildings or lot lines does not conform to the regulations applicable to the
district in which the property is located.
DRIPLINE. A perimeter formed by the points farthest
away from the trunk of a tree where precipitation falling from the branches of
that tree lands on the ground.
DRIVEWAY. The portion of the vehicle accommodation area
that consists of a travel lane bounded on either side by an area that is not a
part of the vehicle accommodation.
DUPLEX. Same as RESIDENCE, DUPLEX.
DWELLING UNIT. An enclosure containing sleeping, kitchen and
bathroom facilities designed for and used or held ready for use as a permanent
residence by one family.
EXPENDITURE. A sum of money paid out in return for some
benefit or to fulfill some obligation.
The term also includes binding contractual commitments to make future
expenditures, as well as any other substantial changes in positions.
FAMILY. One or more persons living together as a
single housekeeping unit and who are related to each other by blood, adoption
or marriage.
FAMILY CARE HOME
FOR THE AGED. An establishment with
support and supervisory personnel that provides room and board, personal care
and rehabilitation services in a family environment for not more than six
residents who are elderly and who do not otherwise fit the definition of
handicapped as found in G.S. § 168‑21.
FAMILY CARE HOME
FOR THE HANDICAPPED. An
establishment with support and
supervisory personnel that provides room and board, personal care and
rehabilitation services in a family environment for not more than six residents
who are handicapped.
FEDERAL
INSURANCE RATE MAP or FIRM. An official map of a community, on which the
Federal Emergency Management Agency has delineated both the areas of special
flood hazard and the risk premium zones applicable to the community.
FLAG
FLEA MARKETS. An open air market for second hand articles
and antiques where booths or spaces may or may not be rented to individuals to
conduct sales from tables, from the back of vehicles or from covers spread on
the ground which general location is used for the purposes for more than three
days during any 90-day period.
FLOOD INSURANCE
STUDY. The official report
provided by the Federal Emergency Management Agency containing flood profiles
and the water surface elevation of the base flood.
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FLOODPLAIN. Any land area susceptible to being inundated
by water from the base flood. As used in this chapter, the term refers to that
area designated as subject to flooding from the base flood, 100-year flood, on
the flood insurance rate map, prepared by the Federal Emergency Management
Agency and dated November 1, 1984, and also November 18, 1991, as revised, a
copy of which is on file in the Administrator's office. This area shall comprise the floodplain
overlay zoning district established in this chapter.
FLOODWAY. The channel of a river or other watercourse
and the adjacent land areas that must be reserved in order to discharge the
base flood without cumulatively increasing the water surface elevation more
than one foot.
FLOOR. The top surface of an enclosed area in a
building, including basement, such as, top of
slab in concrete
slab construction or top of wood flooring in frame construction. The term does not include the floor of a
garage used solely for parking vehicles.
FLOOR, LOWEST. The lowest floor of the lowest enclosed area,
including basement. An unfurnished or
flood resistant enclosure, usable solely for parking vehicles, building access
or storage, in an area other than a basement area, is not considered a
building's lowest floor provided that the enclosure is not built so as to
render the structure in violation of the applicable non‑elevation design
requirements of this chapter.
FLORIDA ROOM. A prefabricated room designed and
manufactured specifically for mobile homes.
GARAGE SALES. A sale conducted by a occupant of a residence
alone or in cooperation with neighbors conducted for the purpose of selling
surplus household items for profit or for charitable purposes. The sales are usually conducted from a garage
associated with the residence or from the yard of the residence. GARAGE SALES may be
distinguished from flea markets by the number of days of sale during a 90-day
period. GARAGE SALES and YARD
SALES may not be conducted at the same location more than three days
for any 90-day period.
GROSS FLOOR
AREA. The total area of a
building measured by taking the outside dimensions of the building at each
floor level intended for occupancy or storage.
HALFWAY HOUSE. A home for not more than nine persons who
have demonstrated a tendency toward alcoholism, drug abuse, mental illness or
antisocial or criminal conduct, together with not more than two persons
providing supervision and other services to the persons, all of whom live
together as a single housekeeping unit.
HANDICAPPED,
AGED OR INFIRM HOME. A
residence within a single dwelling unit
for at least seven, but not more than nine persons who are physically or
mentally handicapped or infirm, together with not more than two persons
providing care or assistance to the persons, all living together
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as a single
housekeeping unit. Persons residing in
such homes, including the aged and disabled, principally need residential care
rather than medical treatment.
HANDICAPPED,
AGED OR INFIRM INSTITUTION. An
institutional facility housing and providing care or assistance for more than
nine persons who are physically or mentally handicapped or infirm. Persons residing in the homes, including the
aged or disabled, principally need residential care rather than medical
treatment.
HANDICAPPED
PERSON. A person with a temporary
or permanent physical, emotional or mental disability including, but not
limited to mental retardation, cerebral palsy, epilepsy, autism, hearing and
sight impairments but not including mentally ill persons who are dangerous to
others. DANGEROUS TO OTHERS means that within the recent past,
the individual has inflicted or attempted to inflict or threatened to inflict
serious bodily harm on another or has acted in a way as to create a substantial
risk of serious bodily harm to another or has engaged in extreme destruction of
property and that there is reasonable probability that this conduct will be
repeated. Previous episodes of
dangerousness to others, when applicable, may be considered when determining
reasonable probability of future dangerous conduct.
HEIGHT. The vertical distance measured from the
finished grade surrounding the building to the highest point of the building
provided that the highest point of the finished grade shall not be calculated
to be more than six inches above the natural grade.
HIGHEST ADJACENT
GRADE. The highest natural
elevation of the ground surface, prior to construction, next to the proposed
walls of the structure.
HIGH VOLUME
TRAFFIC GENERATION. All
uses in the 2.000 classification other than low volume traffic generation uses.
HOME OCCUPATION.
(1) A commercial activity conducted by a person on
the same lot, in a residential district, where the person resides and that can
be conducted without any significantly adverse impact on the surrounding
neighborhood.
(2) The following is a non‑exhaustive list
of examples of enterprises that may be HOME OCCUPATIONS:
(a) The office or studio of a physician, dentist,
artist, musician, lawyer, architect, engineer, teacher or similar professional;
(b) The office of an electrician, plumber,
carpenter, contractor or other person employed in a similar trade;
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(c) Workshops, greenhouses or kilns,
(d) Tailoring or hairdressing studios.
HORTICULTURAL
LAND. Agricultural land.
HOTELS and MOTELS. A building or group of buildings wherein
temporary lodging is provided on a regular basis to persons who seek to rent
rooms or dwelling units on a day‑to‑day basis, except that the
following are excluded from this definition:
(1) Tourist homes;
(2) Bed and breakfast establishments;
(3) Single‑family and two‑family
residences, regardless of the basis on which they are rented; and
(4) Multi‑family residences unless at least
10% of the dwelling units within a multi‑family development are regularly
rented or offered for rent on a day‑to‑day basis.
HUNTING AND
FISHING LODGES. An enterprise consisting of
one or more buildings wherein there are located not more than 15 lodging units
designed to provide short term accommodations primarily to persons intending to
participate in hunting or fishing activities.
A HUNTING AND FISHING LODGE may not operate a restaurant
open to the general public in connection with or on the same premises as the
lodge, if a restaurant is so operated, the enterprise must be classified as a
hotel or motel.
INCINERATOR. A furnace or container for the purpose of
burning waste or non-waste materials.
INTERMEDIATE
CARE HOME. A facility maintained for
the purpose of providing accommodations for not more than seven occupants
needing medical care and supervision at a lower level than that provided in a
nursing care institution, but at a higher level than that provided in
institutions for the handicapped or infirm.
INTERMEDIATE
CARE INSTITUTION. An institutional facility
maintained for the purpose of providing accommodations for more than seven
persons needing medical care and supervision at a lower level than that
provided in a nursing care institution but at a higher level than that provided
in institutions for the handicapped or infirm.
JUNKYARD. A lot, land or structure or part thereof,
used primarily for the collecting, processing, storage and/or sale of salvage
paper, animal hides, rags, rubber, glass, scrap metal, lumber or other
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building
materials or for the dismantling of parts thereof. Any lot with more than two vehicles stored
without current registration plates or having an amount of trash, either
burnable or nonburnable, considered as excessive in
the judgment of the Administrator shall be classified as a JUNKYARD
and will require the appropriate zoning and permits.
KENNEL.
(1) A commercial operation that:
(a) Provides food and shelter and care of animals
for purposes not primarily related to medical care; a kennel may or may not be
run by or associated with a veterinarian; or
(b) Engages in the breeding of animals for sale.
(2) Incidental breeding and offering the resultant
litter for sale shall not constitute the operation of a KENNEL.
LANDFILL,
DEMOLITION. A tract of land used as a
permanent dumping place for stumps,
limbs, leaves, concrete, brick, wood, uncontaminated earth or similar materials
that are generated by the construction or demolition process. A DEMOLITION LANDFILL is
differentiated from a reclamation landfill in that the primary purpose of the
latter is to raise the elevation of the land and no stumps, limbs or other
biodegradable materials are allowed in a reclamation landfill.
LANDFILL,
RECLAMATION. An operation consisting of
the dumping of dirt, sand, gravel, rocks, concrete or similar materials that
are not biodegradable on a tract of land for the purpose of raising the
elevation of the land.
LANDFILL,
SANITARY. A tract of land used as a
permanent dumping place for garbage, trash and other miscellaneous types of
solid waste, whether or not such wastes are biodegradable.
LOADING AND
UNLOADING AREA. See § 151.120.
(1) If a public body or any authority with the
power of eminent domain condemns, purchases or otherwise obtains fee simple
title to or a lesser interest in a strip of land cutting across a parcel of
land otherwise characterized as a lot by this definition or a private road is
created across a parcel of land otherwise characterized as a lot by this
definition and the interest thus obtained or the road so created is such as
effectively to prevent the use of this parcel as one lot, then the land on
either side of this strip shall constitute a separate lot; and
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(2) Subject to § 151.362, the permit issuing
authority and the owner of two or more contiguous lots may agree to regard the
lots as one lot if necessary or convenient to comply with any of the
requirements of this chapter.
(1) When the legal instrument creating a lot shows
the boundary of the lot extending into a public street right‑of‑way
then the lot boundary for purposes of computing the lot area shall be the street right‑of‑way
line or if the right‑of‑way line cannot be determined, then an
approximation of the right‑of‑way shall be determined in accordance
with the provisions of § 151.063;
(2) Dedicated rights‑of‑way or
easements, whether public or private, intended for vehicular and/or pedestrian
access shall not be included in lot area; and
(3) Land under water or regularly under water, as
described in § 151.060, shall not be counted towards the lot area.
LOW VOLUME
TRAFFIC GENERATION. Uses
such as furniture stores, carpet stores, major appliance stores and the like
that sell items that are large and bulky, that need a relatively large amount
of storage or display area for each unit offered for sale and that therefore
generate less customer traffic per square foot of floor space than stores
selling smaller items.
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MINING. The breaking of the surface soil in order to
facilitate or accomplish the extraction or removal of minerals, ores or other
solid manner. Any activity or process
constituting all or part of a process for the extraction or removal of
minerals, ores, soils and other solid manner from its original location. The preparation, washing, cleaning, other
treatment of minerals, ores or other solid matter so as to make them suitable
for commercial, industrial or construction use.
MOBILE HOME. A dwelling unit that:
(1) Is not constructed in accordance with the
standards set forth in the State Building Code;
(2) Is composed of one or more components each of
which were substantially assembled in a manufacturing plant and designed to be
transported to the home site on its own chassis; and
(3) Exceeds 40 feet in length including the tongue
and 8 feet in width.
MOBILE HOME,
CLASS A. A mobile home constructed
after
(1) The home has a length not exceeding four times
its width, with length measured along the longest axis and width measured at
the narrowest part of the other axis;
(2) The pitch of the home's roof has a minimum
vertical rise of 2 2/10 feet for each 12 feet of horizontal run, and
the roof is finished with a type of shingle that is commonly used in standard
residential construction;
(3) The exterior siding consists of wood,
hardboard, vinyl or aluminum (or covered or painted, but in no case exceeding
the reflectivity of gloss white paint) comparable in composition, appearance,
and durability to the exterior siding commonly used in standard residential
construction;
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(4) A continuous, permanent masonry curtain wall, unpierced, except for required ventilation and access, is
installed under the home after placement on the lot and before final occupancy,
if placed outside of a mobile home park or mobile home subdivision;
(5) The tongue, axles, transporting lights and
removable towing apparatus are removed after placement on the lot and before
final occupancy, if placed outside of a mobile home park or mobile home
subdivision;
(6) All roof structures shall provide an eave projection
of no less than six inches, which may include the gutter; and
(7) The manufactured home, stairs, porches,
entrance platforms, ramps and other means of entrance and exit to and from the
home shall be installed in accordance with the standards set by the State
Department of Insurance and the State Building Code.
MOBILE HOME,
CLASS B. A mobile home constructed
after July 1, 1976, that meets or exceeds the construction standards
promulgated by the U.S. Department of Housing and Urban Development that were
in effect at the time of construction, but that does not satisfy the criteria
necessary to qualify the house as a Class A mobile home.
MOBILE HOME,
CLASS C. Any mobile home that does
not meet the definitional criteria of a Class A or Class B mobile home. Class C
mobile homes are mobile homes constructed prior to
MOBILE HOME
SUBDIVISION, EXISTING.
(1) A subdivision that:
(a) Was in existence prior to the effective date
of this chapter and contained 60% Class B mobile homes; or
(b) Received either Preliminary or Final Plat
approval prior to the effective date of this chapter and was platted or
intended to be platted as a mobile home park subdivision.
(2) Mobile home park subdivisions shall include,
but are not limited to: Lamb's MHP, Powell's Trailer Park and Croom Acres.
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MODULAR HOME. A dwelling unit constructed in accordance
with the standards set forth in the State Building Code and composed of components
substantially assembled in a manufacturing plant and transported to the
building site for final assembly on a permanent foundation. Among other possibilities, a modular home may
consist of two or more sections transported to the site in a manner similar to
a mobile home, except that the modular home meets State Building Code, or a
series of panels or room sections transported on a truck and erected or joined
together on the site.
MOTOR VEHICLE. Every self propelled vehicle designed to run
upon the highways and every vehicle designed to run upon the highways that is
pulled by a self-propelled vehicle.
NONCONFORMING
NONCONFORMING
PROJECT. Any structure, development
or undertaking that is incomplete on the effective date of this chapter and
would be inconsistent with any regulation applicable to the district in which
it is located if completed as proposed or planned.
NONCONFORMING
SIGN. A sign that on the
effective date of this chapter does not conform to one or more of the
regulations set forth in this chapter, particularly §§ 151.415 through 151.418.
NONCONFORMING
SITUATION. A situation that occurs
when on the effective date of this chapter an existing lot or structure or use
of an existing lot or structure does not conform to one or more of the
regulations applicable to the district in which the lot or structure is
located. Among possibilities are: a
nonconforming situation may arise because a lot does not meet minimum acreage
requirements, because structures exceed maximum height limitations, because the
relationship between existing buildings and the land (in such matters as density
and setback requirements) is not in conformity with this chapter, because signs
do not meet the requirements of §§ 151.415 through 151.418 or because land or
buildings are used for purposes made unlawful by this chapter.
NONCONFORMING
STRUCTURE. Any structure which does
not conform to the regulation of structures for this chapter for the district
in which it is located either at the effective date of this chapter or as a
result of subsequent amendments which may be incorporated into this chapter,
but was either conforming or not subject to regulation previously.
NONCONFORMING
USE. A nonconforming situation
that occurs when property is used for a purpose or in a manner made unlawful by
the use regulations applicable to the district in which the property is
located. For example, a commercial
office building in a residential district may be a NONCONFORMING USE. The term also refers to the activity that
constitutes the use made of the property.
For example, all the activity associated with running a bakery in a
residentially zoned area is a NONCONFORMING USE.
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NURSING CARE
HOME. A facility maintained for
the purpose of providing skilled nursing care and medical supervision at a
lower level than that available in a hospital to not more than nine persons.
NURSING CARE
INSTITUTION. An institutional facility
maintained for the purpose of providing skilled nursing care and medical
supervision at a lower level than that available in a hospital to more than
nine persons.
OPEN SPACE. An area that is used to provide for either
environmental, buffer, scenic or recreational purposes. Open space shall be
subject to the provisions found in §§ 151.195 through 151.200.
OWNER. The person firm or organization in whom is
vested the ownership, dominion or title of property. The person firm or organization who is
recognized and held responsible by the law as the owner of property.
PACKAGE
TREATMENT PLANT. A privately- or
publicly-owned facility, other than a conventional residential septic tank
system, that is constructed for the purpose of treating sewage and discharging
treated effluent.
PARKING AREA. The portion of the vehicle accommodation area
consisting of lanes providing access to parking spaces.
PARKING SPACE. A portion of the vehicle accommodation area
set for the parking of one vehicle.
PERSON. An individual, trustee, executor, other
fiduciary, corporation, firm, partnership, association, organization or other
entity acting as a unit.
PRIVATE ROAD. A road or way for the use of private
individuals.
PROPERTY OWNERS. Those listed as owners of property on the
records in the County Tax Office.
PUBLIC WATER
SUPPLY SYSTEM. Any water supply system
furnishing potable water to ten or more dwelling units or businesses or any
combination thereof.
RECEIVE‑ONLY
EARTH STATION. An antenna and attendant
processing equipment for reception of electronic signals from satellites.
RECREATIONAL
VEHICLE. A motor vehicle that is
designed for temporary use as sleeping quarters but that does not satisfy one
or more of the definitional criteria of a mobile home.
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RESIDENCE,
DUPLEX. A two‑family
residential use in which the dwelling units share a common wall, including
without limitation the wall of an attached garage or porch, and in which each
dwelling unit has living space on the ground floor and a separate ground floor
entrance.
RESIDENCE, MULTI‑FAMILY. A residential use consisting of a building
containing three or more dwelling units.
For purposes of this definition, a building includes all dwelling units
that are enclosed within that building or attached to it by a common floor or
wall, even the wall of an attached garage or porch.
RESIDENCE, MULTI‑FAMILY
AND TWO‑FAMILY CONVERSION. A
multi‑family residence that contains not more than nine bedrooms, not
more than six dwelling units and results from the conversion of a single
building containing at least 2,000 square feet of gross floor area that was in
existence prior to January 1, 1998.
RESIDENCE, MULTI‑FAMILY
APARTMENTS. A multi‑family
residential use other than a multi‑family conversion or multi‑family
townhouse.
RESIDENCE, MULTI‑FAMILY
TOWNHOUSE. A multi‑family
residential use in which each dwelling
unit shares a common wall, including without limitation the wall of an attached
garage or porch, with at least one other dwelling unit and in which each
dwelling unit has living space on the ground floor and a separate ground floor
entrance.
RESIDENCE,
PRIMARY WITH ACCESSORY APARTMENT. A
residential use having the external appearance of a single‑family
residence but in which there is located a second dwelling unit that comprises
not more than 25% of the gross floor area of the building nor more than a total
of 750 square feet.
RESIDENCE,
SINGLE‑FAMILY DETACHED, ONE DWELLING UNIT PER
RESIDENCE, TWO‑FAMILY. A residential use consisting of a building
containing two dwelling units. If two
dwelling units share a common wall, even the wall of an attached garage or
porch, the dwelling units shall be considered to be located in one building.
RESIDENCE, TWO‑FAMILY
APARTMENT. A two‑family
residential use other than a duplex, two‑family
conversion or primary residence with accessory apartment.
RESIDENT
MANAGER/CARETAKER DWELLING. A
single‑family dwelling (use #1.111
and 1.112) occupied by someone who owns or is a manager/caretaker of a
non-residential use for the purpose of protecting the use.
RESTAURANT,
DRIVE‑IN. Restaurant where food is
purchased by motorist from inside their vehicle to be consumed off the premises
or on the premises.
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ROAD. A highway or a open way for public or private
passage; a strip of land appropriated and used for purposes of travel and
transportation between different places.
ROAD, PUBLIC. A road or way established and adopted, or
accepted as a dedication, by the proper authorities for the use of the general
public and over which every person has a right to pass and to use it for all
purposes of travel and transportation to which it is adapted and devoted.
ROOMING HOUSE. A residential use:
(1) That consists of at least one dwelling unit
together with more than two rooms that are rented out or are designed or
intended to be rented but which rooms, individually or collectively, do not
constitute separate dwelling units;
(2) Where the rooms are occupied by short term
residents, less than month‑to‑month tenants, as opposed to
overnight or weekly guests; and
(3) Where the dwelling unit is permanently
occupied by the owners or operators of the boarding house.
SAND‑LINED
TRENCH WASTE WATER TREATMENT SYSTEMS.
A method of disposing of wastewater where unsuitable soils are removed
and replaced with sandy or suitable soils to allow for proper
infiltration. These systems are
installed under the authority of the PPCC District Health Department.
SHOPPING CENTER. A group of commercial establishments planned,
developed and/or managed as a unit with off‑street parking provided on
the property that is located on a tract of land at least four acres in
area. A group of commercial
establishments that are located on a tract of land less than four acres in area
shall be subject to the standards established for the district in which they
are located and the combination use requirements of this chapter.
SIGN. Any device that:
(1) Is sufficiently visible to persons not located
on the lot where the device is located to accomplish either of the objectives
set forth in subdivision two of this definition; and
(2) Is designed to attract the attention of the
persons or to communicate information to them.
SIGN EXTERNALLY
ILLUMINATED. A sign lighted by an
external source that casts light on the face of the sign.
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SIGN,
FREESTANDING. A sign that is attached to,
erected on or supported by some structure, such as pole, mast, frame or other
structure, that is not itself an integral part of a building or other structure
whose principal function is something other than the support of a sign. A sign that stands without supporting
elements, such as sandwich sign, is also a FREESTANDING SIGN. If
the message is removed from a structure that was originally designed and used
as a sign, this structure shall still be considered a sign.
SIGN, INTERNALLY
ILLUMINATED. Sign where the source of
the light is inside the sign and light emanates through the message of the
sign, rather than being reflected off of the face of the sign.
SIGN,
NONCONFORMING. Any sign that does not meet
one or more of the requirements of this chapter as of the effective date of
this chapter.
SIGN, OFF‑PREMISE. Any sign that directs one's attention to a
service, commodity, entertainment or business that is offered elsewhere than on
the premise where the sign is displayed.
SIGN, ON‑PREMISE. Any sign that directs one's attention to a
service, commodity, entertainment or business offered on the premise where the
sign is located.
SIGN PERMIT. A permit issued by the Administrator that
authorizes the recipient to erect, move, enlarge or substantially alter a sign.
SIGN, PORTABLE. A sign that rests on the ground or another
surface, but that is not bolted to or otherwise affixed to the ground or a
permanent structure in some other substantially permanent way.
SIGN, TEMPORARY. A sign that:
(1) Is used in connection with a circumstance,
situation or event that is designed, intended or expected to take place or to
be completed within a reasonably short or definite period after the erection of
such sign; or
(2) Is intended to remain on the location where it
is erected or placed for a period of not more than 15 days. If a sign display area is permanent but the
message displayed is subject to periodic changes, that sign shall not be
regarded as temporary.
SPECIAL EVENTS. Circuses, fairs, carnivals, festivals or
other types of special events that:
(1) Run for longer than one day, but not longer
than two weeks;
(2) Are intended to or likely to attract
substantial crowds; and
(3) Are unlike the customary or usual activities
generally associated with the property where the special event is to be
located.
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SPECIAL USE
PERMIT. A permit issued by the
Board of Commissioners that authorizes the recipient to make use of property in
accordance with the requirements of this chapter, as well as any additional
requirements imposed by the Board of Commissioners.
STREET. A public street or a street with respect to
which an offer of dedication has been made.
STREET,
ARTERIAL.
STREET, ARTERIAL
ACCESS. A street that is parallel
to and adjacent to an arterial street and that is designed to provide access to
abutting properties so that these properties are somewhat sheltered from the
effects of the through traffic on the arterial street and so that the flow of
traffic on the arterial street is not impeded by direct driveway access from a
large number of abutting properties.
STREET,
COLLECTOR.
STREET, CUL‑DE‑SAC.
STREET, LOCAL.
STREET,
STREET, MAJOR
ARTERIAL. The following arterials
that are part of the state's primary road system: US 158, US 168 and NC 343.
STREET, MINOR
ARTERIAL. All arterials other than
major arterials.
STRUCTURE. Any form or arrangement of a building or
construction materials involving the necessity or precaution of providing
proper support, bracing, tying, anchoring or other protection against the
pressure of the elements.
SUBDIVISION. The division of a tract of land into two or
more lots, building sites or other divisions for the purpose of sale or
building development, whether immediate or future, and including all divisions
of land involving the dedication of a new street or a change in existing
streets; but the following shall not be included within this definition nor be
subject to the regulations of this chapter:
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(1) The combination or recombination of portions
of previously platted lots where the total number of lots is not increased and
the resultant lots are equal to or exceed the minimum standards set forth in
this chapter;
(2) The division of land into parcels greater than
ten acres where no street right‑of‑way dedication is involved;
(3) The public acquisition by purchase of strips
of land for widening or opening streets;
(4) The division of a tract in single ownership
whose entire area is no greater than two acres into not more than three lots,
where no street right‑of‑way dedication is involved and where the
resultant lots are equal to or exceed the minimum standards set forth in this
chapter; or
(5) The gift by a property owner of a single lot
to each of the property owner's children or parents where the lot fronts upon a
state maintained road, and is large enough to meet all applicable state and local health codes and
all other local ordinances.
SUBDIVISION,
EXISTING MOBILE HOME. See MOBILE
HOME SUBDIVISION, EXISTING.
SUBDIVISION,
MAJOR. Any subdivision other than
a minor subdivision, six lots or more.
SUBDIVISION,
MINOR. A subdivision that does not
involve any of the following:
(1) The creation of more than a total of five
lots, including the residual; or
(2) The creation of any new public street.
TEMPORARY
EMERGENCY, CONSTRUCTION OR REPAIR RESIDENCE. A residence that is:
(1) Located on the same lot as a residence made
uninhabitable by fire, flood or other natural disaster and occupied by the
persons displaced by such disaster;
(2) Located on the same lot as a residence that is
under construction or undergoing substantial repairs or reconstruction and
occupied by the persons intending to live in the permanent residence when the
work is completed; or
(3) Located on a non-residential construction site
and occupied by persons having construction or security responsibilities over
construction site.
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TOURIST HOME. A use:
(1) That consists of at least one dwelling unit
together with one or more rooms that are rented out on a daily or weekly basis
(with or without board) to tourists, vacationers or similar transients, but
which rooms, individually or collectively, do not constitute separate dwelling
units; or
(2) Where the dwelling unit is occupied by the
owners or operators of the tourist home business.
TOWER. Any structure whose principal function is to
support an antenna.
TRACT. A lot.
The term TRACT is used interchangeably with the term
TRAVEL TRAILER. A structure that is:
(1) Intended to be transported over the streets
and highways, either as a motor vehicle or attached to or hauled by a motor
vehicle; and
(2) Is for temporary use as sleeping quarters but
that does not satisfy one or more of the definitional criteria of a mobile
home.
UNSUBDIVIDED
DEVELOPMENT. All construction of
structures upon land under common singular ownership where such construction
does not involve the sale of individual lots or parcels of land and the streets
and ways are intended for use by the public or occupants of the development.
USE. The activity or function that actually takes
place or is intended to take place on a lot.
USE, PRINCIPAL. A use listed in the table of § 151.334.
UTILITY
FACILITIES. Any above or below ground
structures or facilities, other than buildings unless the buildings are used as
storage incidental to the operation of the structures or facilities, owned by a
governmental entity, a non-profit organization, corporation or any entity
defined as a public utility for any purpose by specified by G.S. § 62‑3(23)
and used in connection with the production, generation, transmission, delivery,
collection or storage of water, sewage, electricity, gas, oil or electronic
signals. Excepted from this definition
are utility lines and supporting structures listed in § 151.330.
UTILITY
FACILITIES, COMMUNITY OR REGIONAL. All
utility facilities other than neighborhood facilities.
UTILITY
FACILITIES, NEIGHBORHOOD.
Utility facilities that are designed to serve the immediately
surrounding neighborhood and that must, for reasons associated with the purpose
of the utility in question, be located in or near the neighborhood where the
facilities are proposed to be located.
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VARIANCE. A grant of permission by the Board of
Adjustment that authorizes the recipient to do that which, according to the
strict letter of this chapter, he or she could not otherwise legally do.
VEHICLE
ACCOMMODATION AREA. The
portion of a lot that is used by vehicles for access, circulation parking and
loading and unloading. It comprises the
total of circulation areas, loading and unloading areas and parking areas,
spaces and aisles. Circulation areas
shall be designed so that vehicles can proceed safely without posing a danger
to pedestrians or other vehicles and without interfering with parking areas.
WETLANDS, CAMA. Those areas of land, marsh or swamp which are
frequently saturated or covered with water designated by various state agencies
as CAMA Wetlands.
WHOLESALE SALES. On‑premises sales of goods primarily to
customers engaged in the business of reselling the goods.
WIRELESS
TELECOMMUNICATION FACILITIES. A
wireless communication transmission and/or reception devices that is affixed to
a structure erected to support the devices.
Included in this definition are lattice towers, monopoles, guyed towers,
antennas, arrays, satellite dishes or other structures intended for use in
connection with transmission or receipt of radio or television signals or any
other spectrum‑based transmissions/receptions.
WOODED AREA. An area of contiguous wooded vegetation where
trees are at a density of at least one 6‑inch or greater caliper tree per
325 square feet of land and where the branches and leaves form a contiguous
canopy.
YARD. An open space on the same lot with a
principal building unoccupied and unobstructed from the ground upward except as
otherwise provided herein.
YARD SALE. Same as GARAGE SALE.
ZONING PERMIT. A permit issued by the Administrator that
authorizes the recipient to make use of property in accordance with the
requirements of this chapter.
(Ord. passed
2003 S‑2
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APPENDIX A: INFORMATION REQUIRED WITH APPLICATIONS
Section
A‑1 In general
A-2 Written application
A‑3 Development site plans
A‑4 Graphic materials required for plans
A‑5 Existing natural, man‑made and legal
features
A‑6 Proposed changes in existing features or new
features
A‑7 Documents and written information in addition
to plans
A-8 Number of copies of plans and documents
§ A‑1 IN GENERAL.
(A) It is presumed that all of the information
listed in this appendix must be submitted with an application for a zoning,
sign, special use or conditional use permit to enable the permit issuing
authority to determine whether the development, if completed as proposed, will
comply with all the requirements of this chapter. As set forth in the chapter, applications for
variances are subject to the same provisions. However, the permit‑issuing
authority may require more information or accept less sufficient information
according to the circumstances of the particular case. A developer who believes information required
by this appendix is unnecessary shall contact the Administrator for an
interpretation.
(B) The Administrator shall develop application
processes, including standard forms, to simplify and expedite applications for
simple developments that do not require the full range of information called
for in this appendix. In particular,
developers seeking only permission to construct single‑family or two‑family
residences or to construct new or modify existing signs should contact the
Administrator for standard forms.
(Ord. passed
§ A‑2 WRITTEN APPLICATION.
Every applicant
for a variance or a zoning, sign, special use or conditional use permit shall
complete a written application containing at least the following information:
(A) The name, address and phone number of the
applicant;
(B) If the applicant is not the owner of the
property in question:
(1) The name, address and phone number of the
owner; and
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(2) The legal relationship of the applicant to the
owner that entitles the applicant to make application.
(C) The date of the application;
(D) Identification of the particular permit sought;
(E) A statement of the nature of the development
proposed under the permit or the nature of the variance;
(F) Identification of the property in question by
street address and tax map reference;
(G) The zoning district within which the property
lies;
(H) The number of square feet in the lot where the
development is to take place;
(I) The gross floor area of all existing or
proposed buildings located on the lot where the development is to take place;
and
(J) If the proposed development is a two‑family
or multi‑family residential development or a common open space
subdivision, the number of one, two, three or four bedroom dwelling units
proposed for construction.
(Ord. passed
§ A‑3 DEVELOPMENT SITE PLANS.
Subject to
§ A‑1, every application for a variance or a zoning, sign, special
use, conditional use or major subdivision permit shall contain plans that
locate the development site and graphically demonstrate existing and proposed
natural, man‑made and legal features on and near the site in question,
all in conformity with §§ A‑4 through A‑6 of this appendix.
(Ord. passed
§ A‑4 GRAPHIC MATERIALS REQUIRED FOR PLANS.
(A) The plans shall include a location map that
shows the location of the project in the broad context of the county. This location map may be drawn on the
development site plans or it may be furnished separately using reduced copies
of maps of the county available at the Planning Department or Tax Department.
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(B) Development site plans shall be drawn to
scale, using a scale that all features required to be shown on the plans are
readily discernible. Very large
developments may require that plans show the development in sections to
accomplish this objective without resort to plans that are so large as to be
cumbersome or the objective may be accomplished by using different plans or
plans drawn to different scales to illustrate different features. In all cases, the permit issuing authority
shall make the final determination whether the plans submitted are drawn to the
appropriate scale, but the applicant for a major subdivision permit or special use
permit may rely in the first instance on the recommendations of the
Administrator.
(C) Development site plans should show on the
first page the following information:
(1) Name of applicant;
(2) Name of development, if any;
(3) North arrow;
(4) Legend; and
(5) Scale at one inch equals 100 feet.
(D) All of the features required to be shown on
plans by §§ A‑5 and A‑6 may be included on one set of plans so long
as the features are distinctly discernible.
(Ord. passed
§ A‑5 EXISTING NATURAL, MAN‑MADE AND LEGAL
FEATURES.
(A) Development site plans shall show all existing
natural, man‑made and legal features on the lot where the development is
to take place. In addition, the plans
shall also show those features indicated below by an asterisk that are located
within 50 feet in any direction of the lot where the development is to take
place and shall specify, by reference to the table of § 151.334, the use made
of adjoining properties.
(B) Existing natural features:
(1) Tree line of wooded areas;
(2) Individual trees 18 inches in diameter or
more, identified by common or scientific name;
(3) Orchards or other agricultural groves by
common or scientific name;
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(4) Streams, ponds, drainage ditches, swamps, wetlands,
both CAMA and 404, and boundaries of floodways and floodplains;
(5) If the proposed development is a subdivision
or mobile home park of more than 50 lots or if more than five acres of land are
to be developed, base flood elevation data; and
(6) Contour lines (shown as dotted lines) with no
larger than two-foot contour intervals.
As indicated in § A‑6(B)(20), proposed contour lines shall be
shown as solid lines.
(C) Existing man‑made features:
(1) Vehicle accommodation areas, including parking
areas, loading areas and circulation areas, all designated by surface material
and showing the layout of existing parking spaces and direction of travel
lanes, aisles or driveways;
(2) Streets, private roads, sidewalks and other
walkways all designated by surface material;
(3) Curbs and gutters, curb inlets and curb cuts
and drainage grates;
(4) Other storm water or drainage facilities,
including manholes, pipes and drainage ditches;
(5) Underground utility lines, including water,
sewer, electric power, telephone, gas, cable and television;
(6) Above ground utility lines and other utility
facilities;
(7) Fire hydrants;
(8) Buildings, structures and signs, including
dimensions of each;
(9) Location of exterior light fixtures; and
(10) Location
of dumpsters, if necessary.
(D) Existing legal features:
(1) The zoning of the property, including zoning
district lines where applicable;
(2) Property lines, with dimensions identified;
(3) Street right‑of‑way lines; and
(4) Utility or other easement lines.
(Ord. passed
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§ A‑6 PROPOSED CHANGES IN EXISTING FEATURES OR NEW
FEATURES.
(A) Development site plans shall show proposed
changes in:
(1) Existing natural features;
(2) Existing man-made features; and
(3) Existing legal features.
(B) Development site plans shall also show
proposed new legal features, especially new property lines, street right‑of‑way
lines, buffer areas and utility and other easements, as well as proposed man‑made
features, including, but not limited to the following:
(1) The number of square feet in every lot created
by a new subdivision;
(2) Lot dimensions, including lot widths measured
in accordance with §§ 151.060 through 151.068;
(3) The location and dimensions of all buildings
and freestanding signs on the lot, as well as the distances all buildings and
freestanding signs are set back from property lines, streets or street right‑of‑way
lines;
(4) Principal sides, building elevations for
typical units of new buildings or exterior remodelings
of existing buildings, showing building heights and proposed wall sign or
window sign area;
(5) Elevation in relation to mean sea level of the
proposed lowest floor, including basement, of all structures;
(6) Elevation in relation to mean sea level to
which any non‑residential structure will be flood-proofed;
(7) Description of the extent of which any water
course will be altered or relocated as a result of the proposed development;
(8) The location and dimensions of all
recreational areas provided in accordance with §§ 151.195 through 151.200,
with each area designated as to type of use;
(9) Areas intended to remain as usable open space
or designated buffer areas; (The plans
shall clearly indicate whether the open space areas are intended to be offered
for dedication to public use or to remain privately owned.)
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(10) Streets,
labeled by classification and street name showing whether curb and gutter or
shoulders and swales are to be provided and indicating street paving
widths; (Private roads in subdivisions
shall also be shown and clearly labeled as such.)
(11) Curbs
and gutters, curb inlets and curb cuts, drainage grates;
(12) Other
stormwater or drainage facilities, including
manholes, pipes, drainage ditches, retention ponds and the like;
(13) Sidewalks
and walkways, showing widths and surface material;
(14) Bridges;
(15) Outdoor
illumination with lighting fixtures sufficiently identified to demonstrate
compliance with §§ 151.170 through 151.184;
(16) Underground
utility lines, including water, sewer, electric power, telephone, gas, cable
and television; (Water and sewer pipe
line signs shall be labeled.)
(17) Above
ground utility lines and other facilities;
(18) Fire
hydrants;
(19) Number
of dumpsters and dumpster site locations, if required;
(20) New
contour lines resulting from earth movement, shown as solid lines, with no
larger than two-foot contour intervals;
(Existing lines should be shown as dotted lines.)
(21) Scale
drawings of all signs requiring permits, pursuant to §§ 151.415 through
151.418, together with an indication of the location and dimensions of all
signs;
(22) Vehicle
accommodation areas, including parking areas, loading areas and circulation
areas, all designated by surface material and showing the dimensions and layout
of proposed parking spaces and the dimensions and direction of travel of lanes,
aisles and driveways; and
(23) Proposed
plantings or construction of other devices to comply with the landscaping
requirements of §§ 151.135 through 151.145, as well as proposed plantings of
trees to comply with the shading requirements of §§ 151.155 through
151.159. Plans shall label shrubbery by
common or scientific name, show the distance between plants and indicate the height
at the time of planting and expected mature height and width. Plans shall label trees by common or
scientific name, show the circles of the mature crowns and indicate the height
at the time of planting. Major trees
shall be drawn at diameter of 30 feet; dwarf or decorative trees shall be drawn
at their actual mature crown.
(Ord. passed
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§ A‑7 DOCUMENTS AND WRITTEN INFORMATION IN ADDITION
TO PLANS.
(A) In addition to the written application and the
plans, whenever the nature of the proposed development makes information or
documents such as the following relevant, documents or information shall be
provided.
(B) The following is a representative list of the
types of information or documents that may be requested:
(1) Documentation confirming that the applicant
has a sufficient interest in the property proposed for development to use it in
the manner requested or is the duly appointed agent of a person;
(2) Certifications from the appropriate agencies
that proposed utility systems are or will be adequate to handle the proposed
development, as set forth in §§ 151.170 through 151.184, and that all necessary
easements have been provided;
(3) For proposed non-residential, flood-proofed
structures or for enclosed areas below the lowest floor that are subject to
flooding, certification from a registered professional engineer or architect
that the proposed structure meets the criteria in §§ 151.380 through 151.390
and 151.400 through 151.403;
(4) Certification and supporting technical data
from a registered professional engineer demonstrating that any proposed use
within a floodway, if permitted under §§ 151.380 through 151.390 and 151.400
through 151.403, shall not result in any increase in flood levels during occurrence
of the base flood discharge;
(5) Certifications from a registered professional
engineer or architect, where applicable, as required in §§ 151.380 through
151.390 and 151.400 through 151.403;
(6) Detailed description of play apparatus or
other recreational facilities to be provided in order to satisfy the provisions
of §§ 151.195 through 151.200;
(7) Legal documentation establishing Homeowner's
Associations or other legal entities responsible for control over required
common areas and facilities;
(8) Bonds, letters of credit or other surety
devices;
(9) Stamped envelopes containing the names and
addresses of all those to whom notice of a public hearing must be sent to
comply with §§ 151.495 through 151.518, 151.550 through 151.555 and 151.580
through 151.586;
(10) Complete
documentation justifying any requested deviation from specific requirements
established by this chapter as presumptively satisfying design standards;
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(11) Written
evidence of permission to use satellite parking spaces under the control of a
person other than the developer when such spaces are allowed pursuant to
§§ 151.110 through 151.123;
(12) Written
evidence of good faith efforts to acquire satellite parking under the
circumstances set forth in §§ 151.110 through 151.123;
(13) Verification
that 4.000 classification uses will meet the performance standards set forth in
§§ 151.345 through 151.347;
(Verification shall be made by a licensed engineer or other qualified
expert unless it is utterly apparent from the nature of the proposed
development that expert verification is unnecessary.)
(14) Time
schedules for the completion of phases in staged development, as required by
§§ 151.230 through 151.246, 151.260 through 151.263, 151.275 through 151.278
ans 151.290 through 151.298; and
(15) The
environmental impact of a development, including its effect on historically
significant or ecologically fragile or important areas and its impact on
pedestrian or traffic safety or congestion.
(Ord. passed
§ A‑8 NUMBER OF COPIES OF PLANS AND DOCUMENTS.
With respect to
all plans and other documents required by this appendix, the developer shall
submit the number of copies that the Administrator reasonably deems necessary
to expedite the review process and to provide necessary permanent records.
(Ord. passed
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APPENDIX B: SPECIFICATIONS ON DRIVEWAY ENTRANCES
Section
B-1 Driveway entrances
§ B-1 DRIVEWAY ENTRANCES.
All driveway
entrances and other openings onto public streets shall, at a minimum, conform
to the requirements set forth in the current edition of the State Department of
Transportation's Manual on Driveway Entrance Regulations.
(Ord. passed
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APPENDIX C: SPECIFICATIONS FOR STREET DESIGN AND
CONSTRUCTION
Section
C-1 DOT standards applicable
§ C‑1 DOT STANDARDS APPLICABLE.
All public
streets shall be constructed in accordance with the design construction
standards promulgated by the State Department of Division of Highways unless a
more restrictive standard is herein, in which case the more restrictive
standard shall apply. A copy of the DOT
standards shall be available for inspection in the Planning Department.
(Ord. passed
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APPENDIX D: VEHICLE ACCOMMODATION AREA SURFACES
Section
D‑1 Paved surfaces
D‑2 Unpaved surfaces
§ D‑1 PAVED SURFACES.
Vehicle
accommodation areas paved with asphalt shall be constructed in the same manner
as street surfaces. If concrete is used
as the paving material, vehicle accommodation areas shall be similarly
constructed, except that six inches of concrete shall be used instead of two
inches of asphalt. The county may allow
other paving materials to be used so long as the equivalent level of stability
is achieved.
(Ord. passed
§ D‑2 UNPAVED SURFACES.
Vehicle
accommodation areas without paving shall be constructed in the same manner as
paved areas, except that material approved by the county may be used in lieu of
asphalt, concrete or other paving materials.
(Ord. passed
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APPENDIX E: SCREENING AND TREES
Section
E‑1 Guide for protecting existing trees
E‑2 Standards for street and parking lot
trees
E‑3 Formula for calculating 20% shading of
paved vehicle accommodation areas
E‑4 Guide for planting trees
E‑5 Guide for planting shrubs
E‑6 Lists of recommended trees and shrubs
E‑7 Small trees for partial screening
E‑8 Large trees for evergreen screening
E‑9 Large trees for shading
E‑10 Small shrubs for evergreen screening
E‑11 Large shrubs for evergreen screening
E‑12 Assorted shrubs for broken screens
§ E-1 GUIDE FOR PROTECTING EXISTING TREES.
(A) Sections
51.135 through 151.145 and 151.155 through 151.159 provides for the
retention and protection of large trees when land is developed.
(B) In order to better ensure the survival of
existing trees, the developer should heed the following guidelines:
(1) Protect trees with fencing and armoring during
the entire construction period; (The
fence should enclose an area ten feet square with the tree at the center.)
(2) Avoid excavations beneath the crown of the
tree;
(3) Avoid compaction of the soil around existing
trees due to heavy equipment; (Do not
pile dirt or other materials beneath the crown of the tree.)
(4) Keep fires or other sources of extreme heat
well clear of existing trees;
(5) Repair damaged roots and branches
immediately; (Exposed roots should be
covered with topsoil. Severed limbs and
roots should be painted. Whenever roots
are destroyed, a proportional amount of branches must be pruned so that the
tree doesn't transpire more water than it takes in. Injured trees must be thoroughly watered
during the ensuing growing year.)
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(6) All existing trees which will be surrounded by
paving should be pruned to prevent dehydration; and
(7) No paving or other impermeable ground cover
should be placed within the dripline of trees to be
retained.
(Ord. passed
§ E-
(A) Trees planted in compliance with the
requirements of §§ 151.135 through 151.145 and 151.155 through 151.159 should
have most or all of the following qualities.
(B) The trees recommended herein represent the
best combinations of these characteristics.
(1) Hardiness:
(a) Resistance to extreme temperatures;
(b) Drought resistance;
(c) Resistance to storm damage;
(d) Resistance to air pollution; and
(e) Ability to survive physical damage from human
activity.
(2) Life cycle:
(a) Moderate to rapid rate of growth; and
(b) Long life.
(3) Foliage and branching:
(a) Tendency to branch high above the ground;
(b) Wide spreading habit; and
(c) Relatively dense foliage for maximum shading.
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(4) Maintenance:
(a) Resistance to pests;
(b) Resistance to plant diseases;
(c) Little or no pruning requirements; and
(d) No significant litter problems.
(Ord. passed
§ E‑3 FORMULA FOR CALCULATING 20% SHADING OF PAVED
VEHICLE
ACCOMMODATION
AREAS.
(A) Following is an elementary formula for
determining the number of shade trees required in and around paved parking lots
in order to presumptively satisfy the shading requirements of §§ 151.135
through 151.145 and 151.155 through 151.159.
(1) Calculate square footage of the vehicle
accommodation area, including parking spaces, driveways, loading areas,
sidewalks and other circulation areas, but not including building area and any
area which will remain completely undeveloped;
(2) Multiply by .20 square feet;
(3) Area to be shaded, in square feet; and add:
(4) Area shaded by existing trees to be retained
in and around the vehicle accommodation area in square feet;
(5) Area shaded by required screening trees, if
any;
(6) Area shaded by required street trees, if any;
(7) Subtotal, in square feet; (If division (7) is
greater than division (3), then the shading requirement has been met. If not,
go on to division (8).)
(8) Enter the difference between division (7) and
division (3), in square feet;
(9) Divide division (8) by 707 square feet;
(10) Total
number of shade trees required within the vehicle accommodation area, in number
of trees.
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(B) Existing trees retained in compliance with §
151.158 will be credited according to their actual crown radius. Shaded area may be calculated as
follows: 3.14 x (crown radius) 2 =
shaded area. Trees planted within the
vehicle accommodation area are credited with shading 707 square feet, based on
crown radius of 15 feet. New or existing
trees on the perimeter of the parking lot are credited for having only half a
crown over the vehicle accommodation area (such as, new perimeter trees will be
crediting for shading 354 square feet.)
Generally all trees planted in compliance with the screening
requirements of §§ 151.135 through 151.145 and the street tree requirements of
§ 151.156 will be considered perimeter trees.
When smaller trees such as Dogwoods are planted, the credited shading
area will be adjusted downward to 314 square feet for interior trees and 157
square feet for perimeter trees, based on a crown radius of ten feet.
(Ord. passed
§ E‑4 GUIDE FOR PLANTING TREES.
(A) The trees recommended in § E‑10 have
minimal maintenance requirements.
(B) However, all trees must receive a certain
degree of care especially during and immediately after planting. In order to protect an investment in new
trees the developer and his or her agents should follow these guidelines when
planting.
(1) The best times for planting are early spring
and early fall. Trees planted in the
summer run the risk of dehydration.
(2) All trees shall be planted at least 3½ feet
from the end of head‑in parking spaces in order to prevent damage from
car overhangs.
(3) The tree shall be dug at least one foot wider
than the root ball and at least six inches deeper than the ball's vertical
dimension.
(4) Especially in areas where construction
activity has compacted the soil, the bottom of the pit should be scarified or
loosened with a pick ax or shovel.
(5) After the pit is dug, observe sub‑surface
drainage conditions. Most soils in the
area are poorly drained. Where poor
drainage exists, the tree pit should be dug at least an additional 12 inches
and the bottom should be filled with coarse gravel.
(6) Backfill should include a proper mix of soil,
peat moss and nutrients. All rooms must
be completely covered. Backfill should
be thoroughly watered as it is placed around the roots.
(7) Immediately after it is planted, the tree
should be supported with stakes and guy wires to firmly hold it in place as its
root system begins to develop. Staked
trees will become stronger more quickly.
Remove stakes and ties after one year.
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(8) Spread at least three inches of mulch over the
entire excavation in order to retain moisture and keep down weeds. An additional three‑inch saucer of
mulch should be provided to form a basin around the trunk of the tree. This saucer helps catch and retain moisture.
(9) The lower trunks of new trees should be
wrapped with burlap or paper to prevent evaporation and sun scald. The wrapping should remain on the tree for at
least one year.
(10) Conscientious
post‑planting care, especially watering, pruning and fertilizing, is a
must for street and parking lot trees.
Branches of new trees may be reduced by as much as a third to prevent
excessive evaporation.
(Ord. passed
§ E‑5 GUIDE FOR PLANTING SHRUBS.
(A) Shrubs planted for screening purposes should be
given a proper culture and sufficient room in which to grow. Many of the guidelines for tree planting
listed in § E‑5 also apply to shrubs. However, because specific requirements
vary considerably between shrub trees, this appendix does not attempt to
generalize the needs of all shrubs.
(B) For detailed planting information or
individual species, refer to Landscape Plants of the Southeast, by R.
Gordon Halfacre and Anne R. Shawcroft.
(Ord. passed
§ E‑6 LISTS OF RECOMMENDED TREES AND SHRUBS.
(A) The following lists indicate plantings which
will meet the landscaping and shading requirements of §§ 151.135 through
151.145 and 151.155 through 151.159. The
lists are by no means comprehensive and are intended for landscaping and
shading purposes only. Plants were
selected for inclusion on these lists according to four principal criteria:
general suitability for the coastal section of the state, ease of maintenance,
tolerance of county conditions and availability from area nurseries. When selecting new plantings for a particular
site, a developer should first consider the types of plants which are thriving
on or near that site. Accordingly,
native state species should often be favored.
However, if an introduced species has proven highly effective for
landscaping or shading in coastal areas, it too may be a proper selection.
(B) Sections E‑10 through E‑12 contain
descriptions of the trees and shrubs listed here.
(1) Small trees for partial screening:
(a) River Birch;
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(b) American Hornbeam;
(c) Eastern Redbud;
(d) Flowering Dogwood;
(e)
(f) Russian Olive;
(g) Mountain Silverbell;
(h) American Holly;
(i) Golden Rain Tree;
(j) Crape Myrtle;
(k) Sourwood;
(l)
(m) Gallery Pear.
(2) Large trees for evergreen screening:
(a) Deodar Cedar;
(b) Southern Magnolia;
(c)
(d) Long Leaf Pine;
(e) White Pine;
(f) Scotch Pine; and
(g) Loblolly Pine.
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(3) Large trees for shading:
(a) Norway Maple;
(b) Red Maple;
(c) Ginkgo;
(d) Honeylocust;
(e) Sweet Gum;
(f)
(g) Sycamore;
(h) Eastern Red Oak;
(i) Willow Oak;
(j) Scarlet Oak;
(k) Laurel Oak; and
(l) Little-leaf Linden.
(4) Small shrubs for evergreen screening:
(a) Glossy Abelia;
(b) Warty Barberry;
(c) Wintergreen Barberry;
(d) Dwarf Horned Holly;
(e) Little-leaf Japanese Holly;
(f) Convexa Japanese
Holly;
(g) Indian Hawthorn;
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(h) Azaleas and Rhododendrons; and
(i) Japanese Yew.
(5) Large shrubs for evergreen screening:
(a) Hedge Bamboo;
(b) Thorny Elaengus;
(c) Burford Holly;
(d) Yaupon Holly;
(e)
(f) Japanese Privet;
(g) Fortune Tea Olive;
(h) Red Photinia; and
(i) Lauretinus Viburnum.
(6) Assorted shrubs for broken screens:
(a) Japanese Barberry;
(b) Fringetree;
(c) Border Forsythia;
(d) Vernal Witch Hazel;
(e) Common Witch Hazel;
(f) Pfitzer Juniper;
(g) Drooping Leucothoe;
(h) Winter Honeysuckle;
(i) Star Magnolia;
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(j) Northern Burberry;
(k) Judd Viburnum; and
(l) Doublefile Viburnum.
(Ord. passed
§ E‑7 SMALL TREES FOR PARTIAL SCREENING.
(A) The following trees are recommended for use in
all types of screens. Though smaller
than the trees listed in planting lists §§ E‑11 and E‑12, each
of these trees will reach a height of at least 20 feet.
(B) Selections marked with an asterisk (*) are
also recommended as shade trees and may be credited for meeting the 20% shading
requirement for paved parking lots.
(1) River Birch (Betula
Nigra).
Height: 20 to 40 feet; spread:
eight to 16 feet. The River Birch is a native tree which usually grows along
stream banks. In landscape design, it is
adaptable to either high or low locations but still requires a lot of
moisture. This tree has an interesting,
papery bark and a graceful branching habit.
It has no special pest or maintenance problems.
(2) American Hornbeam (Carpinus
Carolinia).
Height: 20 to 30 feet; spread: 15
to 20 feet. This native tree has a
natural yet refined appearance. It is
slow growing, but at maturity it serves as an excellent small shade tree. Its fluted, muscular trunk is an interesting
feature. In the wild, the American
Hornbeam is common in moist rich soil, yet, when used in landscape design, it
is soil tolerant and does not require an unusual amount of water. It has no pests and no special maintenance
problems.
(3) Eastern Redbud (Cercis
Canadensis). Height: 20 to 30 feet; spread: 12 to 25 feet. This native tree is covered by beautiful pink
flowers in the spring and develops a dense round crown when allowed to grow in
direct sunlight. The Redbud has some
pests, and its fruits pods may present a litter problem, but it recommends
itself for being drought resistant and tolerant of polluted county air.
(4) Flowering Dogwood (Cornus
(5)
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proved to be
excellent as a headlight screen on highway medians and, when planted close
together, they form an impenetrable living fence. They prefer sun and are tolerant of most
types of soil. The Washington Hawthorn
is generally considered to be the best of the Hawthorns.
(6) Russian Olive (Elaengus
Augustifolia).
Height: 15 to 20 feet;
spread: 20 to 30 feet. The Russian Olive can withstand severe
exposure and will grow in almost any soil. Its toughness and wide spreading
habit make it an exceptional screening plant.
The foliage is an attractive silver‑gray color and its flowers,
thought inconspicuous, are very fragrant.
The Russian Olive is especially notable for its rapid growth. It has no pest problems, but it may require periodic
trimming of dead twigs.
(7) Mountain Silverbell
(Halesia Monticola). Height:
20 to 40 feet; spread: 20 feet. Silverbells are attractive multi‑stem trees which are
native to the southeastern
(8) American Holly (Ilex Opaca). Height:
15 to 30 feet; spread: ten to 20 feet.
This familiar native tree possesses a pyramidal evergreen crown with
abundant red berries in the winter. It
grows best in full sun and prefers moist yet well drained soils. If the lower limbs are allowed to grow
naturally, they will branch to the ground.
Hollies should be protected from high winds. The American Holly is a relatively slow
grower.
(9) Golden Rain Tree (Koelreuteria
Paniculata).
Height: 20 to 30 feet; spread: 15
to 20 feet. This is an extremely hardy
tree, tolerant of county conditions, drought resistant and capable of growth in
most kinds of soil. It bears beautiful
yellow flowers and interesting seed pods on its rounded crown. The Golden Rain Tree is a rapid grower, but
is relatively short lived.
(10) Crape
Myrtle (Lagerstroemia Indica). Height:
15 to 25 feet; spread: 15 to 20
feet. This popular flowering tree is
decorative and interesting in all seasons.
However, it should not be expected to stand alone as a screen. It is most effective against an evergreen
background. It grows best in direct sun
and may develop mildew problems when planted in shade. Crape Myrtle may be
pruned to a desired shape, but when left on its own it will form a densely
branching crown.
(11) Sourwood
(Oxyndrum Arboreum). Height:
20 to 30 feet; spread: ten to 15
feet. Sourwoods are handsome native
trees which are most effective in landscape design when planted in groups. They are easy to transplant and, as each tree
matures, it assumes a slender form with upright branches. Sourwood prefers relatively dry acid
soils. Its only special maintenance
problems may be infestations of webworms.
(12)
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(13) *Callery Pear (Pyrus Callery ana). Height:
20 to 40 feet; spread: 20 to 30
feet. The Callery
Pear has recently gained popularity as a county road tree because it is
impervious to air pollution.
Furthermore, it will grow in relatively infertile soils. It is a beautiful, upright tree which grows
rapidly and is long lived. However, it
may be subject to an assortment of pests and diseases. The
(Ord. passed
§ E‑8 LARGE TREES FOR EVERGREEN SCREENING.
(A) The following trees are ideal for screening
large scale areas such as shopping centers and industrial sites.
(B) They are also effective in combination with
other, smaller screening plants. All are
moderate to fast growers. They are not
considered to be shade trees.
(1) Deodar Cedar (Cedrus
Deodara).
Height: 40 to 150 feet;
spread: 30 feet and up. The Deodar Cedar is a useful and attractive
evergreen. It should be allowed plenty
of room in order to assume its beautiful natural form. Its pendulous branches should be allowed to
touch the ground. It prefers relatively
dry soils, grows rapidly, and is easy to maintain. True Cedars, such as the
Deodar, are not native to
(2) Southern Magnolia (Magnolia Grandiflora).
Height: 40 to 60 feet; spread: 25
feet and up. Magnolias are striking
trees which serve well as screens when their branches are allowed to grow to
the ground. Generally, this tree does
well in county conditions, but it should be planted in quite rich acidic soils
and it requires a lot of moisture.
Furthermore, Magnolias require ample space for growth. If planted in full sunlight, they will grow
rapidly. Because it drops large waxy
leaves, seed pods, and flowers, the Magnolias may present a litter problem.
(3)
(4) Long‑leaf Pine (Pinus
Palustris).
Height: 80 to 100 feet;
spread: 30 feet and up. Excellent in mass or as specimen for suburban
areas, roadsides or lawns. Ascending
branches and open, round head. Deep
taproot which is difficult to transplant, except when young. Planting is at
medium depth and requires well‑drained soils with medium fertility and
moisture.
(5) White Pine (Pinus
Strobus).
Height: 100 to 150 feet;
spread: 50 feet and up. Excellent in mass or as specimen for suburban
areas, roadsides or lawns. Ascending
branches and open, round head. Deep
taproot which is difficult to transplant, except when young. Planting is at
medium depth and requires well‑drained soils with medium fertility and
moisture.
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(6) Scotch Pine (Pious Sylvestris). Height:
60 to 150 feet; spread: 40 feet
and up. Valued for its picturesque
character; useful as specimen or in masses.
Symmetrically pyramid with short spreading branches in youth. At maturity, lower branches die off and
specimen becomes picturesque and open.
Deep taproot with wide‑spreading laterals. Planting is at medium depth and requires well‑drained,
soils with medium fertility and moisture.
(7) Loblolly Pine (Pious Taeda). Height:
90 to 100 feet; spread: 30 feet
and up. Useful in masses or free‑standing
as specimen and shade tree. Ascending
branches and rounded head. Extensive
laterals and difficult to transplant.
Planting is at medium depth and requires well‑drained soils with
medium fertility and moisture.
(Ord. passed
§ E‑9 LARGE TREES FOR SHADING.
(A) The following trees may be used for screening,
but they are recommended especially for shading trees and parking lots.
(B) Unless otherwise noted, they will grow
rapidly. Each species will attain a
mature spread of at least 30 feet.
(1) Norway Maple (Acer Platanoides). Height:
40 to 50 feet; spread: 50 feet
and up. Maples as a group are not
particularly tolerant to county conditions.
The Norway Maple is an exception, however, as it is relatively
invulnerable to air pollution and has no special maintenance requirements. This tree assumes a wide spreading form and
provides very dense shade. In the autumn,
the leaves are a brilliant red and yellow.
The Norway Maple grows rapidly, but it is subject to ice and wind
damage. Plenty of room should be
available for its shallow roots and it should be given ample water.
(2) Red Maple (Acer Rubrum). Height:
40 to 50 feet; spread: 25 feet
and up. This tree is an example of a
Maple which is not recommended where there will be high concentrations of air
pollution. However, with its excellent
shading characteristics and beautiful
colors, it should not be ignored. This
tree grows rapidly, but, unlike the Norway Maple, it does not become brittle
with age. The Red Maple is a native tree
which is usually found in moist, even swampy areas, but it adapts well to a
variety of situations. Although subject
to Maple insects and diseases, it is usually a long lived tree.
(3) Ginkgo or Maidenhair Tree (Ginkgo Biloba).
Height: 40 to 80 feet; spread: 30
feet and up. The Ginkgo is a tree which
is recommended for several outstanding reasons.
It is one of the oldest surviving species of trees. It is adaptable to any soil, climate or
degree of exposure to the sun. It does
quite well in the county. It has no
pests, no diseases and no pruning requirements.
In sum, it is a tree of exceptional vitality. The State Department of Forest Resources
calls the Ginkgo, “probably the best all around street tree.” Two reservations are worth stating; however,
first, only male trees should be planted because female Ginkgos bear a messy,
malodorous fruit and second, the Ginkgo is a slow grower. When young, it has a rather gangly
appearance. It takes 25 to 30 years to
assume its mature, symmetrically spreading form.
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(4) Honeylocust
(Gleditsia Triacanthos). Height:
50 to 75 feet; spread: 25 feet
and up. Its open, spreading form and
feathery leaves may give the Honeylocust a frail
appearance, but it is in fact a quite sturdy tree, notable for its resistance
to county conditions. Grass and shrubs
thrive beneath a Honeylocust because it casts light
shade. This tree is especially useful
for its ability to be transplanted at a relatively advanced age. Accordingly, it may be used for immediate
effect in a landscape design. The Honeylocust has its own pests and diseases, but it is
fairly hardy. Thornless
and fruitless varieties, such as “Moraine,” are recommended.
(5) Sweet Gum (Liquidambar Styraciflua). Height:
60 to 100 feet; spread: 50 feet
and up. The Sweet Gum is a native
bottomland tree which adapts to a variety of soils. Its dense foliage and balanced form make it
an excellent shade tree for large open areas.
The Sweet Gum needs sun and plenty of room to achieve maximum size and
beauty. In the fall, its leaves turn a
brilliant wine and gold color. Other
than clean up of its prickly seed balls, the Sweet Gum poses no special
maintenance problems.
(6)
(7) Sycamore (Platanus
Occidentalis).
Height: 70 feet to 100 feet;
spread: 60 feet and up. The Sycamore is probably the fastest growing
shade tree on this list. Within ten
years, it can grow to a height of between 30 and 40 feet. It is easily transplanted, but it needs
plenty of space. As one of nature's most
massive trees, Sycamores have been known to grow to a height of 170 feet with a
trunk ten feet across. The Sycamore is a
native tree which typically grows in flood plains, but it thrives in a variety
of situations. Its tolerance of severe
conditions has long made it a favorite choice as a street tree. Sycamores are susceptible to fungi and leaf
blight and their large leaves and seed balls may present a litter problem.
(8) Eastern Red Oak (Quercus
Rubra).
Height: 50 to 70 feet;
spread: 40 feet and up. This tree grows faster than any other Oak,
two feet or more per year. It is prized
as a tree because its high branching habit gives it an ideal shape. The Red Oak grows in almost any average soil
and presents no special maintenance problems.
(9) Willow Oak (Quercus
Phellos).
Height: 60 to 80 feet;
spread: 30 feet and up. This is another rapidly growing Oak. It has proven to be quite successful as a
street and parking lot tree. Its slender
leaves give it a finer texture than that of other Oaks, but it still casts excellent
shade. The Willow Oak is native to
bottomland soils, and thus it needs plenty of moisture. It often spreads majestically as it matures
so it should be given ample room to grow.
No significant pests or diseases afflict the Willow Oak.
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(10) Scarlet
Oak (Quercus Coccinea). Height:
60 to 80 feet; spread: 40 feet
and up. This is a third Oak which grows
rapidly and is easy to maintain. The
Scarlet Oak is more difficult to transplant than the Red or the
(11) Laurel
Oak (Quercus Laurifolia). Height:
40 to 60 feet; spread: 30 feet
and up. The Laurel Oak grows more slowly
than the other Oaks listed above, but it has the advantage of being nearly
evergreen in coastal sections of the state.
It has proven to be a good street tree and does quite well under county
conditions. It presents no special
maintenance problems.
(12) Little-leaf
(Ord. passed
§ E‑10 SMALL SHRUBS FOR EVERGREEN SCREENING.
(A) The following shrubs are recommended for
informal (unclipped) hedges or screens.
(B) Each species grows to a height of less than
six feet; therefore, these shrubs are appropriate for semi‑opaque
screens.
(1) Glossy Abelia (Abelia Grandiflora). Height: four to six feet; spread: three to five feet. Abelia is quite
common in local nurseries and tends to be less expensive than other shrubs on
this list. It bears pale pink flowers
throughout the summer. Although it has
proven popular for informal hedges, it has several drawbacks. Abelia should be
pruned and thinned to maintain its best form.
It may drop its leaves due to low temperatures, lack of pruning or
starvation.
(2) Warty Barberry (Barberis
Verruculosa).
Height: three to four feet;
spread: three to four feet. Barberries
as a group have proven to be excellent as hedge plants. With their dense, spiny limbs, they are
effective barriers in public places. The
Warty Barberry is a shrub with a neat, compact habit. It is soil tolerant and has no special
maintenance requirements. It grows
slowly, but it will reach a height of three to four feet within five years.
(3) Wintergreen Barberry (Berberis
Julianae).
Height: four to six feet; spread:
two to five feet. This is another
Barberry which forms an impenetrable thorny hedge. In fact,
it grows even more densely than the Warty Barberry. It is pest resistant and is very hardy. No pruning is required. Because it is fairly slow growing, it will
take eight to ten years to reach a height of five to six feet.
(4) Dwarf Horned Holly (Ilex Cornuta 'rotunda').
Height: three feet; spread: three
to four feet. This shrub is an excellent
selection for a low hedge. It is soil
tolerant and requires no pruning or other special care once established. With its spiny leaves, this plant appears to
be and is in fact rugged.
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Like all
Hollies, it grows best in full sun, but unlike others of its species, it
produces bright red berries without both sexes being present.
(5) Little-leaf Japanese Holly (Ilex Crenata' microphylla'). Height:
four to six feet; spread: five
feet and up. This Holly is a good
substitute for the more finicky and often more expensive Boxwood. It withstands pruning, but is quite
attractive in its natural form. Although
considered to be slow growing, it will form a stiff six feet tall hedge within
ten years. The Little-leaf Japanese Holly grows well in both sun and shade and
does well in county conditions.
(6) Convexa
Japanese Holly (Ilex Crenata 'Convexa'). Height:
four to six feet; spread: three
to five feet. The Convexa
Japanese Holly is another good Boxwood substitute. This shrub is considered to be one of the
most attractive, hardy and serviceable Hollies for landscape use. It is attractive in either a clipped or
unclipped form. It grows faster than the
Little-leaf Japanese Holly.
(7)
(8) Azaleas and Rhododendrons
(Rhododendron Species). Height: three feet and up; spread: three feet and up. Many varieties of Azaleas and Rhododendrons
are dense and evergreen and are, therefore, good screening material. The universal popularity of this large shrub
family belies the fact that its members must not be planted
indiscriminately. As a group,
Rhododendron species prefer cool, moist, well drained, acidic soil which has a
fairly high organic content. They do
best in shade or partial shade particularly when they are planted in extremely
hot or windy locations. If planted in
full sun, they should receive plenty of water.
In spite of these requirements, once established in good soil with the
correct culture and water, both Rhododendrons and Azaleas tend to take care of
themselves. Some relatively hardy and vigorous
species are:
(9) Japanese Yew (Taxus
Cuspidata).
Height: four to six feet;
spread: five to seven feet. The versatile Yew is commonly available from
local nurseries in a wide variety of sizes and shapes. The Japanese Yew serves as excellent
screening material in either a clipped or unclipped form. It tolerates poor growing conditions and
flourishes in almost any kind of soil. Soggy soil may hamper its growth,
however. It is comparatively pest free
and is hardy under trying winter conditions.
The Yew's best feature is its rich shiny green needles which grow
densely on all varieties.
(Ord. passed
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§ E‑11 LARGE SHRUBS FOR EVERGREEN SCREENING.
(A) The following shrubs are recommended for high
hedges or screens.
(B) Each species grows to a height of more than
six feet; therefore, these shrubs are
appropriate for opaque screens.
(1) Thorny Elaengus (Elaengus Pungens). Height:
eight to ten feet; spread: six to
ten feet. This shrub is tolerant of many
adverse conditions. It will grow rapidly
in relatively infertile, dry soils. Its
dense thorny branches form an excellent natural hedge. It is one of the most common evergreen shrubs
in the south.
(2) Burford
Holly (Ilex cornuta Burfordii). Height: 8 to 15 feet; spread: 6 to 8
feet. The Burford
Holly has been called, “one of the best and most serviceable of all broad
leafed evergreens for general planting in the south.” It is soil tolerant, grows rapidly, requires no pruning, and
usually has no pest problems. Its dark
green leaves lack the usual Holly spines.
(3) Yaupon Holly (Ilex Vomitoria). Height: 5 to 15 feet; spread: 6 to 12
feet. This is another versatile Holly,
slower growing than the Burford, but equally as
adaptable to adverse conditions. It is a
native shrub which has proven to be one of the most drought resistant of all
Hollies. It may be clipped to maintain
any desired height. The Yaupon Holly is
very heavily fruited and will attract birds.
(4)
(5) Japanese Privet (Ligustrum
Japonicum).
Height: six to ten feet; spread: five to six feet. The Japanese Privet will survive almost any
adversity including heat, cold, drought, air pollution and poor soil. Accordingly, it is one of the most popular
hedge plants in
(6) Fortune Tea Olive (Osmanthus
Fortunei).
Height: 9 to 12 feet; spread: 5
to 7 feet. This Osmanthus
hybrid is a popular, though non‑descript, shrub. With its
vigorous growth, it will form an excellent screen or border. It is soil tolerant. The Fortune Tea Olive is most notable for its
inconspicuous yet highly fragrant flowers.
(7) Red Photinia (Photinia Glabra). Height:
six to ten feet; spread: four to
five feet. This low maintenance shrub is
often selected for its glossy saw toothed leaves which are a bright red when
they first appear. Photinia
forms a good hedge when planted in full sun. It has somewhat looser foliage
than other plants on this list. In
recent years, Red Photinia has become very popular in
the Southeast.
Unified
Development 347
(8) Laurestinus
Viburnum (Viburnum Onus). Height:
10 to 12 feet; spread: 10 to 12 feet.
This Viburnum is prized for its luxuriant dark
green foliage. It is valuable for
screens and, though sometimes clipped as a formal hedge, it can remain uncut
for years and still keep its good form.
It grows best in medium fertile soils and prefers dry conditions in the
late summer. All Viburnums
withstand county conditions well.
(Ord. passed
§ E‑12 ASSORTED SHRUBS FOR BROKEN SCREENS.
(A) The following is a sampling of shrubbery which
would be appropriate in a broken screen.
(B) Because many of these plants are deciduous,
they are not suitable for opaque and semi‑opaque screens.
(1) Japanese Barberry (Barberis
Thunbergii).
Height: three to five feet; spread:
three to five feet. The following
is a extremely common deciduous shrub and is considered to be one of the
toughest members of the Barberry family.
It survives drought, poor soils, exposure and the worst county
conditions. With its many thorns, the
Japanese Barberry is often used as an impenetrable
barrier but is attractive enough to stand alone as a specimen plant. It
requires no special maintenance and when planted singly, needs no pruning.
(2) Fringetree
(Chioanthus Virginicus). Height:
10 to 30 feet; spread: 8 to 10
feet. The Fringetree
is known for its profusion of beautiful flowers. It is considered to be one of the most
striking native American shrubs. It is
relatively difficult to transplant, but once established it does well in
counties as it endures heavy smoke and dust.
The mature Fringetree's only drawback is that
its leaves appear rather late in the Spring.
(3) Border Forsythia (Forsythia Intermedia).
Height: eight to ten feet;
spread: seven to ten feet. Forsythias are well known shrubs which bloom
bright yellow quite early in the spring.
There are two commonly available forms of this shrub: the weeping
Forsythia suspends and the more upright Forsythia intermedia. The latter is preferred for screening
purposes. With its graceful branches,
the Border Forsythia presents a good deciduous foliage mass and should be given
plenty of room to grow. It transplants
easily and withstands poor growing conditions.
It should be thinned occasionally to ensure vigorous growth.
(4) Vernal Witch Hazel (Hamamelis
Vernalis).
Height: four to six feet; spread:
two to three feet. This rapidly growing
native shrub is excellent for bordering and naturalizing. It assumes a dense,
upright form, thriving in even the most polluted air. Other than plenty of watering the vernal
Witch Hazel requires no special maintenance.
348
(5) Common Witch Hazel (Hamamelis
Virginiana).
Height: 8 to 15 feet;
spread: 7 to 14 feet. This shrub is a larger version of Vernal
Witch Hazel with many of the same qualities.
It is another native woodland plant which has adapted well to
landscaping uses. The Common Witch Hazel is recommended for shady areas, but
when planted in the sun it grows to be a splendid well rounded specimen. It is especially useful in large areas.
(6) Pfitzer
Juniper (Juniperus Chinensis
'Pfitzeriana').
Height: four to six feet;
spread: six to nine feet. This evergreen is recommended for broken screens
rather than full fledged hedges because its form lends itself to massing rather
than row planting. Pfitzer
Juniper has been known to grow 6 feet high and spread 10 to 15 feet within 10
years. Thus it should be given plenty of
room to grow. Despite its exotic
appearance, it is a commonly used landscape plant. Junipers, as a group, withstand hot, poor, dry
soils of county areas probably better than any other evergreens. However, they do suffer from certain pest
problems and should therefore be watched closely once they are planted.
(7) Drooping Leucothoe
(Leucothoe Fontanesiana). Height:
three to four feet; spread: four
to six feet. Drooping Leucothoe is a mound-like shrub which is good for planting
in front of and between other flora and beneath trees. It is hardy in county conditions and gives a
natural effect when planted along borders.
This native evergreen is graceful and attractive in all seasons. It is easy to transplant but requires a heavy
mulch and should be provided with at least partial shade. Old branches should be pruned occasionally to
stimulate new growth.
(8) Winter Honeysuckle (Lonicera
Fragrantissima).
Height: six to eight feet;
spread: six to eight feet. The only resemblance between this shrub and
the more familiar Honeysuckle vine is its extremely fragrant flowers. The Winter Honeysuckle has a leathery semi‑evergreen
leaves and assumes a globe shape as it rapidly grows. It is a tough plant, soil tolerant and
virtually maintenance free.
(9) Star Magnolia (Magnolia Stellata). Height:
10 to 12 feet; spread: 8 to ten
feet. This handsome specimen shrub is
considered to be the hardiest of all the Magnolias. It forms a broad, rounded
mass. It becomes tree‑like with
age but continues to branch to the ground.
Early in the spring, it produces numerous fragrant white flowers. The Star Magnolia should not be planted
adjacent to shallow rooting trees. It
should be allowed plenty of sun.
(10) Northern
Bayberry (Myrica Pensylvanica). Height:
three to six feet; spread: three
to eight feet. This shrub, often used
for windbreaks at the beach, is also effective for shrub masses in coastal
areas. Its ability to tolerate salt and
sands translates into a quality for withstanding the rigors of county
life. Bayberry normally forms a dense,
spreading mound. While it is evergreen
at the shore it may annually drop its leaves in less temperate climates.
(11) Judd
Viburnum (Viburnum Juddii).
Height: eight feet; spread: six feet.
Viburnums are sturdy shrubs which are commonly
available in area nurseries. The Judd Viburnum is rounded and dense. It bears loose clusters of fragrant white
flowers in the early spring. If given
plenty of water, it will grow rapidly.
Its fall fruit is attractive to birds.
Unified
Development 349
(12) Doublefile Viburnum (Viburnum Plicatum Tomentosum).
Height: eight to ten feet;
spread: eight to ten feet. The Doublefile Viburnum grows larger than the Judd and is noted for its
strong horizontal branching habit. It is
a very serviceable accent plant in shrub borders. The Doublefile Viburnum should be carefully watered in periods of extended
drought.
(Ord. passed
350
CHAPTER
152: WATERSHED PROTECTION
Section
General
Provisions
152.01 Authority
152.02 Jurisdiction
152.03 Exceptions to applicability
152.04 Definitions
Subdivision
Regulations
152.15 General provisions
152.16 Subdivision application and review procedures
152.17 Subdivision standards and required
improvements
152.18 Construction procedures
Development
Regulations
152.30 Establishment of watershed areas
152.31 Watershed areas described
152.32 Buffer areas required
152.33 Rules governing the interpretation of
watershed area boundaries
152.34 Application of regulations
152.35 Existing development
152.36 Watershed protection permit
152.37 Building permit required
152.38 Watershed protection occupancy permit
Public
Health Regulations
152.50 Public health, in general
152.51 Abatement
351
352
Administration,
Enforcement, and Appeals
152.60 Watershed administrator and duties
152.61 Appeal from the watershed administrator
152.62 Changes and amendments to the watershed
protection chapter
152.63 Public notice and hearing required
152.64 Establishment of watershed review board
152.65 Rules of conduct for members
152.66 Powers and duties of the watershed review
board
152.67 Appeals from the watershed review board
152.99 Penalty
GENERAL
PROVISIONS
§ 152.01 AUTHORITY.
The Legislature
of the State of North Carolina has, in G.S. § 153A‑121, General
Ordinance Authority; and in G.S. §§ 143‑211 et seq.,
Watershed Protection Rules, delegated the responsibility or directed local
governmental units to adopt regulations designed to promote the public health,
safety, and general welfare of its citizenry.
The Camden County, North Carolina Board of Commissioners does hereby
ordain and enact into law the Watershed Protection Chapter.
(Ord. passed
§ 152.02 JURISDICTION.
The provisions
of this chapter shall apply within the areas designated as a Public Water
Supply Watershed by the North Carolina Environmental Management Commission and
shall be defined and established on the map entitled, County of Camden, North
Carolina Watershed Protection Map, (the Watershed Map), which is adopted
simultaneously herewith. The Watershed
Map and all explanatory matter contained thereon accompanies and is hereby made
a part of this chapter. This chapter
shall be permanently kept on file in the office of the Camden County Manager.
(Ord. passed
§ 152.03 EXCEPTIONS TO APPLICABILITY.
(A) Nothing contained herein shall repeal, modify,
or amend any federal or state law or regulation, or any ordinance or regulation
pertaining thereto except any ordinance which these regulations specifically
replace; nor shall any provision of this chapter amend, modify, or restrict any
provisions
Watershed
Protection 353
of any other
code provisions of
(B) It is not intended that these regulations
interfere with any easement, covenants, or other agreements between
parties. However, if the provisions of
these regulations impose greater restrictions or higher standards for the use
of a building or land, then the provisions of these regulations shall control.
(C) Existing development, as defined in this chapter,
is not subject to the requirements of this chapter. Expansions to structures
classified as existing development must meet the requirements of this chapter.
However, the built‑upon area of the existing development is not required
to be included in the density calculations.
(D) If a nonconforming lot of record is not
contiguous to any other lot owned by the same party, then that lot of record
shall not be subject to the development restrictions of this chapter if it is
developed for single-family residential purposes. Any lot or parcel created as part of a family
subdivision after the effective date of theses rules shall be exempt from these
rules if it is developed for one single-family detached residence and it is
exempt from local subdivision regulation.
Any lot or parcel created as part of any other type of subdivision that
is exempt from a local subdivision ordinance shall be subject to the land use
requirements, including impervious surface requirements, of these rules, except
that such a lot or parcel must meet the minimum buffer requirements to the
extent practicable.
(Ord. passed
Cross‑reference:
Recombination of
existing lots, see § 152.31(A)
§ 152.04 DEFINITIONS.
(A) For the purpose of this chapter, certain words
shall be interpreted as follows:
(1) Words in the present tense include the future
tense;
(2) Words used in the singular number include the
plural, and words used in the plural number include the singular, unless the
natural construction of the wording indicates otherwise; and
(3) The term person includes a firm, association,
corporation, trust, and company as well as an individual.
(B) For the purpose of this chapter, the
following definitions shall apply unless the context clearly indicates or
requires a different meaning.
AGRICULTURAL
USE. The use of waters for stock
watering, irrigation, and other farm purposes.
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ANIMAL UNIT. A unit of measurement developed by the U.S.
Environmental Protection Agency that is used to compare different types of
animal operations.
BEST MANAGEMENT
PRACTICES (BMP). A structural or
nonstructural management‑based
practice used singularly or in combination to reduce nonpoint
source inputs to receiving waters in order to achieve water quality protection
goals.
BUFFER. An area of natural or planted vegetation
through which stormwater runoff flows in a diffuse
manner so that the runoff does not become channelized
and which provides for infiltration of the runoff and filtering of
pollutants. The buffer is measured
landward from the normal pool elevation of impounded structures and from the
bank of each side of streams or rivers.
BUILDING. Any structure enclosed and isolated by
exterior walls constructed or used for residence, business, industry, or public
purposes.
BUILT‑UPON
AREA. Built‑upon areas
shall include that portion of a development project that is covered by
impervious or partially impervious cover including, but not limited to,
buildings, pavement, gravel roads, and certain recreation facilities. (Note:
wooden slatted decks and the water area of a swimming pool are considered
pervious.)
CLUSTER
DEVELOPMENT. The grouping of buildings
in order to conserve land resources and provide for innovation in the design of
the project. This term includes non‑residential
development as well as single‑family residential subdivisions and multi‑family
developments that do not involve the subdivision of land.
COMPOSTING
FACILITY. A facility in which only
stumps, limbs, leaves, grass, and untreated wood collected from land clearing
or landscaping operations is deposited.
CRITICAL AREA. The area adjacent to a water supply intake or
reservoir where risk associated with pollution is greater than from the
remaining portions of the watershed. The
critical area is defined as extending either ½ mile from the normal pool
elevation of the reservoir in which the intake is located or to the ridge line
of the watershed, whichever comes first; or ½ mile upstream from the intake
located directly in the stream or river (run‑of‑the‑river),
or the ridge line of the watershed, whichever comes first.
CUSTOMARY HOME
OCCUPATION. A home occupation is a
profession or occupation commonly carried on a lot which is in principally
residential use where the occupation is secondary and clearly incidental to the
use of the dwelling for living purposes.
DEVELOPMENT. Any land disturbing activity which adds to or
changes the amount of impervious or partially impervious cover on a land area or
which otherwise decreases the infiltration of precipitation into the soil.
2003 S-1
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DISCHARGING
LANDFILL. A facility with liners,
monitoring equipment and other measures to detect and/or prevent leachate from entering the environment and in which the leachate is treated on site and discharged to a receiving
stream.
DWELLING UNIT. An enclosure containing sleeping, kitchen,
and bathroom facilities designed for and used or held ready for use as a
permanent residence by one family.
EXISTING
DEVELOPMENT. Those projects that are
built or those projects that at a minimum have established a vested right under
(a) Substantial expenditures of resources (time,
labor, money) based on a good faith reliance upon having received a valid local
government approval to proceed with the project;
(b) Having an outstanding valid building permit as
authorized by G.S. §§ 153A‑344.1 and 160A‑385.1; or
(c) Having expended substantial resources (time,
labor, money) and having an approved site specific or phased development plan
as authorized by G.S. §§ 153A‑344.1 and 160A‑385.1.
EXISTING
FAMILY. One or more persons occupying a single
dwelling unit, provided that unless all members are related by blood or
marriage or adoption, no such family shall contain over five persons, but
further provided that domestic servants employed or living on the premises may
be housed on the premises without being counted as a family or families.
FAMILY
SUBDIVISION. A division of a tract of
land: to convey the resulting parcels,
with the exception of parcels retained by the grantor, to a relative or relatives
as a gift or for nominal consideration, but only if no more than one parcel is
conveyed by the grantor from the tract to any one of the relatives; or to
divide land from a common ancestor among tenants in common, all of whom
inherited by intestacy or will.
HAZARDOUS
MATERIALS. Any substance listed as
such in Superfund Amendments and Reauthorization Act of 1986 (SARA), Section
302, Extremely Hazardous Substances;
Comprehensive Environmental Response Compensation and Liability Act of 1980
(CERCLA) Hazardous Substances; or, Section 311 of Clean Water Act (CWA) (oil
and hazardous substances).
INDUSTRIAL
DEVELOPMENT. Any non‑residential
development that requires a National Pollutants Discharge Elimination Systems
(NPDES) permit for an industrial discharge and/or requires
2003 S-1
356
the use or
storage of any hazardous material for the purpose of manufacturing, assembling,
finishing, cleaning, or developing any product or commodity.
LANDFILL. A facility for the disposal of solid waste on
land in a sanitary manner in accordance with G.S. §§ 130A‑290 et
seq. For the purpose of this chapter
this term does not include composting facilities.
MAJOR VARIANCE. A variance that results in any one or more of
the following:
(a) The relaxation, by a factor greater than 10%,
of any management requirement under the low density option;
(b) The relaxation, by a factor of greater than
5%, of any management requirement under the low density option; and/or
(c) Any variation in design, maintenance or
operation requirements of a wet detention pond or other approved stormwater management system.
MINOR VARIANCE. A variance from the minimum statewide
watershed protection rules that results in a relaxation, by a factor of up to
5% of any buffer, density or built-upon area requirement under the high-density
option; or that results in a relaxation, by a factor of up to 10%, of any
management requirement under the low density option.
NONCONFORMING
LOT OF RECORD. A lot described by a plat
or a deed that was recorded prior to the effective date of the local watershed
protection regulations, or their amendments, that does not meet the minimum lot
size or other development requirements of the statewide watershed protection
rules.
NON‑RESIDENTIAL
DEVELOPMENT. All development other than
residential development, agriculture, and silviculture.
PLAT. A map or plan of a parcel of land which is to
be, or has been subdivided.
PROTECTED
AREA. The area
adjoining and upstream of the critical area as delineated on the map entitled
“County of Camden North Carolina Watershed Protection Map” in which protection
measures are required.
RESIDENTIAL
DEVELOPMENT. Buildings for residence
such as attached and detached single‑family dwellings, apartment
complexes, condominiums, townhouses, cottages, and their associated
outbuildings such as garages, storage buildings, gazebos, and customary home
occupations.
2003 S-1
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SHALL. The act referred to is mandatory and not
merely directory.
SINGLE-FAMILY
RESIDENTIAL. Any development where no
building contains more than one dwelling unit, every dwelling unit is on a
separate lot, and where no lot contains more than one dwelling unit.
STREET (ROAD). A street is any permanently dedicated public
right‑of‑way which has been accepted for maintenance by the North
Carolina Department of Transportation or meets the construction standards of
the Department of Transportation.
STRUCTURE. Anything constructed or erected, including
but not limited to buildings, which requires location on the land or attachment
to something having permanent location on the land. The term STRUCTURE includes building.
SUBDIVIDER. Any person, firm, or corporation who
subdivides or develops any land deemed to be a subdivision as herein defined.
SUBDIVISION. All divisions of a tract or parcel of land
into two or more lots, building sites, or other divisions for the purpose of
sale or building development (whether immediate or future) and shall include
all division of land involving the dedication of a new street or a change in
existing streets; but the following shall not be included within this
definition nor be subject to the regulations authorized by this chapter.
(a) The combination or recombination of portions
of previously subdivided and recorded lots where the total number of lots is
not increased and the resultant lots are equal to or exceed the standards of
this chapter;
(b) The division of land into parcels greater than
ten acres where no street right‑of‑way dedication is involved;
(c) The public acquisition by purchase of strips
of land for the widening or opening of streets;
(d) The division of a tract in single ownership
whose entire area is no greater than two acres into not more than three lots,
where no street right‑of‑way dedication is involved and where the
resultant lots are equal to or exceed the standards of the this chapter; and
(e) The division of a tract into plots or lots
used as a cemetery.
TOXIC SUBSTANCE. Any substance or combination of substances (including
disease causing agents), which after discharge and upon exposure, ingestion,
inhalation, or assimilation into any organism, either directly from the
environment or indirectly by ingestion through food chains, has the potential
to cause death, disease, behavioral abnormalities, cancer, genetic mutations,
physiological
2003 S-1
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County - Land Usage
malfunctions
(including malfunctions or suppression in reproduction or growth), or physical
deformities in such organisms or their offspring or other adverse health
effects.
VARIANCE. A permission to develop or use property
granted by the Watershed Review Board relaxing or waiving a water supply
watershed management requirement adopted by the Environmental Management
Commission that is incorporated into this chapter.
WATER DEPENDENT
STRUCTURE. Any structure for which the
use requires access to or proximity to or citing within surface waters to
fulfill its basic purpose, such as boat ramps, boat houses, docks, and
bulkheads. Ancillary facilities such as restaurants, outlets for boat supplies,
parking lots, and commercial boat storage areas are not water dependent
structures.
WATERSHED. The entire land area contributing surface
drainage to a specific point (such as the water supply intake).
WATERSHED
ADMINISTRATOR. An official or designated
person of the county responsible for administration and enforcement of this
chapter.
WILL. The act
referred to is always mandatory and not merely directory.
(Ord. passed 12-20-93; Am. Ord.
2002-08-03, passed 8-5-02)
SUBDIVISION
REGULATIONS
§ 152.15 GENERAL PROVISIONS.
(A) No subdivision plat of land within the Public
Water Supply Watershed shall be filed or recorded by the Register of Deeds
until it has been approved in accordance with the provisions of this
chapter. Likewise, the Clerk of Superior
Court shall not order or direct the recording of a plat if the recording of
such plat would be in conflict with this chapter.
(B) The approval of a plat does not constitute or
effect the acceptance by the county or the public of the dedication of any
street or other ground, easement, right‑of‑way, public utility
line, or other public facility shown on the plat and shall not be construed to
do so.
(C) All subdivisions shall conform with the
mapping requirements contained in G.S. § 47‑30.
(D) All subdivisions of land within the
jurisdiction of Camden County after the effective date of this chapter shall
require a plat to be prepared, approved, and recorded pursuant to this chapter.
(Ord. passed 12-20-93)
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§ 152.16 SUBDIVISION APPLICATION AND REVIEW
PROCEDURES.
(A) All proposed subdivisions shall be reviewed
prior to recording with the Register of Deeds by submitting a vicinity map to
the Watershed Administrator to determine whether or not the property is located
within the designated Public Water Supply Watershed. Subdivisions that are not within the
designated watershed area shall not be subject to the provisions of this
chapter and may be recorded provided the Watershed Administrator initials the
vicinity map. In addition, subdivisions
within a WS‑IV watershed are subject to the provisions of this chapter
only when an erosion and sedimentation plan is required under the provisions of
state law, or approved local program.
Subdivisions within the designated watershed area shall comply with the
provisions of this chapter and all other state and local requirements that may
apply.
(B) Subdivision applications can be obtained from,
and upon completion filed with, the Watershed Administrator. The filing shall include a completed
application form, two copies of the plat, and supporting documentation deemed
necessary by the Watershed Administrator or the Watershed Review Board.
(C) (1) The
Watershed Administrator shall review the completed application and submit
recommendations to the Watershed Review Board for further review and final
action. The Watershed Review Board shall
either approve, approve conditionally, or disapprove each application by a
majority vote of the members present and voting. First consideration of the application shall
be at the next regularly scheduled meeting of the Board after the application
is submitted. The Board shall take final
action within 45 days of its first consideration.
(2) The Watershed Administrator or the Board may
provide public agencies an opportunity to review and make recommendations. However, failure of the agencies to submit
their comments and recommendations shall not delay the Board's action within
the prescribed time limit. Said public
agencies may include, but are not limited to:
(a) The district highway engineer with regard to
proposed streets and highways;
(b) The director of the Health Department with
regard to proposed private water system or sewer systems normally approved by
the Health Department; Division of Water Quality;
(c) The State Division of Water Quality with
regard to proposed sewer systems normally approved by the Division, engineered
storm water controls, or stormwater management in
general; and
(d) Any other agency or official designated by the
Watershed Administrator or Watershed Review Board.
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County - Land Usage
(D) If the Watershed Review Board approves the
application, such approval shall be indicated on both copies of the plat by the
following certificate and signed by the chairman or other authorized member of
the Board:
Certificate of
Approval for Recording:
“I certify that
the plat shown hereon complies with the Public Water Supply Watershed Protection
provisions and is approved by the Watershed Review Board for recording in the
Register of Deeds office.
Date
Chairman, Watershed Review Board
NOTICE: This
property is located within a Public Water Supply Watershed ‑ development
restrictions may apply.
(E) If the Watershed Review Board disapproves or
approves conditionally the application, the reasons for such action shall be
stated in writing for the applicant and entered in the minutes. The subdivider may
make changes and submit a revised plan which shall constitute a separate
request for the purpose of review.
(F) All subdivision plats shall comply with the
requirements for recording of the County Register of Deeds.
(G) The subdivider shall
provide the Watershed Administrator with evidence the plat has been recorded
with the Register of Deeds within five working days of its being recorded.
(Ord. passed 12-20-93; Am. Ord.
2002-08-03, passed 8-5-02)
§ 152.17 SUBDIVISION STANDARDS AND REQUIRED
IMPROVEMENTS.
(A) Standards. All lots shall provide adequate building
space in accordance with the development standards contained in §§ 152.31
through 152.39. Lots which are smaller
than the minimum required for residential lots shall be identified on the plat
as, “NOT FOR RESIDENTIAL PURPOSES.”
(B) Total project area. For the purpose of calculating built‑upon
area, total project area shall include total acreage in the tract on which the project
is to be developed.
(C) Stormwater
drainage facilities. The application
shall be accompanied by a description of the proposed method of providing storm
water drainage. The subdivider
shall provide a drainage system that diverts stormwater
runoff away from surface waters and incorporates best management practices to
minimize water quality impacts.
2003 S-1
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Protection 360A
(D) Erosion and sedimentation control. The application shall, where required, be
accompanied by a written statement that a Sedimentation and Erosion Control
Plan has been submitted to and approved by the State Division of Land Quality.
(E) Road construction. Roads constructed in critical areas and
watershed buffer areas. Where possible, roads should be located outside of
critical areas and watershed buffer areas.
Roads constructed within these areas shall be designed and constructed
so to minimize their impact on water quality.
(Ord. passed 12-20-93; Am. Ord.
2002-08-03, passed 8-5-02)
§ 152.18 CONSTRUCTION PROCEDURES.
(A) No construction or installation of improvements
shall commence in a proposed subdivision until a subdivision plat has been
approved by the Watershed Review Board.
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Watershed
Protection 361
(B) No building or other permits shall be issued
for erection of a structure on any lot not of record at the time of adoption of
this chapter until all requirements of this chapter have been met. The subdivider,
prior to commencing any work within the subdivision, shall make arrangements
with the Watershed Administrator to provide for adequate inspection.
(Ord. passed 12-20-93)
DEVELOPMENT
REGULATIONS
§ 152.30 ESTABLISHMENT OF WATERSHED AREAS.
For purposes of
this chapter, the county is hereby divided into the following areas, as
appropriate:
(A) WS‑IV Watershed Area ‑ Critical
Area (WS‑IV‑CA); and
(B) WS‑IV Watershed Area ‑ Protected
Area (WS‑IV‑PA).
(Ord. passed 12-20-93)
§ 152.31 WATERSHED AREAS DESCRIBED.
(A) WS‑IV Watershed Areas ‑ Critical
Area (WS‑IV‑CA). Only
new development activities that require an erosion/sedimentation control plan
under state law or approved local program are required to meet the provisions
of this chapter when located in the WS‑IV watershed. In order to address a moderate to high land
use intensity pattern, single‑family residential uses are allowed at a
maximum of two dwelling units per acre.
All other residential and non‑residential development shall be
allowed 24% built‑upon area. New
sludge application sites and landfills are specifically prohibited.
(1) Allowed uses.
(a) Agriculture subject to the provisions of
the Food Security Act of 1985 and the Food, Agriculture, Conservation, and
Trade Act of 1990. Agricultural
activities conducted after January 1, 1993 shall maintain a minimum ten‑foot
vegetable buffer, or equivalent control as determined by the Soil and Water
Conservation Commission, along all perennial waters indicated on the most
recent versions of United States Geological Survey (U.S. G.S.) 1:24,000
(7.5 minute) scale topographic maps or as determined by County studies. Animal operations greater than 100 animal
units shall employ Best Management Practices by July 1, 1994 recommended by the
Soil and Water Conservation Commission.
(b) Silviculture. Silviculture is
subject to the provisions of the Forest Practices Guidelines Related to Water
Quality (15 NCAC 11.6101‑.0209).
362 Camden
County - Land Usage
(c) Residential.
(d) Non‑residential. Non‑residential development, excluding
the storage of toxic and hazardous materials unless a spill containment plan is
implemented, landfills, and sites for land application of sludge/residuals or
petroleum contaminated soils.
(2) Density and built‑upon limits.
(a) Single‑family residential development
shall not exceed two dwelling units per acre on a project by project
basis. No residential lot shall be less
than ½ acre, except within an approved cluster development.
(b) All other residential and non‑residential
development shall not exceed 24% built‑upon area on a project by project
basis. For the purpose of calculating
the built‑upon area, total project area shall include total acreage in
the tract on which the project is to be developed.
(B) WS‑IV Watershed Areas ‑ Protected
Area (WS‑IV‑PA). Only
new development activities that require an erosion/sedimentation control plan
under state law or approved local government program are required to meet the
provisions of this chapter when located in a WS‑IV watershed. In order to address a moderate to high land
use intensity pattern, single‑family residential uses shall develop at a
maximum of two dwelling units per acre.
All other residential and non‑residential development shall be
allowed at a maximum of 24% built‑upon area. A maximum of three dwelling units per acre or
36% percent built‑upon area is allowed for projects without a curb and
gutter street system.
(1) Uses allowed.
(a) Agriculture. Subject to provisions of the Food Security
Act of 1985 and the Food, Agricultural, Conservation, and Trade Act of 1990.
(b) Silviculture. Subject to the provisions of the Forest
Practices Guidelines Related to Water Quality (15 NCAC 11.6101‑.0209).
(c) Residential development.
(d) Non‑residential development. Excluding the storage of toxic and hazardous
materials unless a spill containment plan is implemented.
(2) Density and built‑upon limits.
(a) Single‑family residential development
shall not exceed two dwelling units per acre, as defined on a project by
project basis. No residential lot shall
be less than one‑half acre, or one‑third acre for projects without
a curb and gutter system, except within an approved cluster development.
Watershed
Protection 363
(b) All other residential and non‑residential
development shall not exceed 24% built‑upon area on a project by project
basis. For projects without a curb and
gutter street system, development shall not exceed 36% built‑upon area on
a project by project basis. For the
purpose of calculating built‑upon area, total project area shall include
acreage in the tract on which the project is to be developed.
(Ord. passed 12-20-93)
§ 152.32 BUFFER AREAS REQUIRED.
(A) A minimum 30‑foot vegetative buffer for
development activities is required along all perennial waters indicated on the
most recent versions of U.S.G S. 1:24,000 (7.5 minute) scale topographic maps
or as determined by county studies.
Desirable artificial stream bank or shoreline stabilization is
permitted.
(B) No new development is allowed in the buffer
except for water dependent structures and public projects such as road
crossings and green ways where no practical alternative exists. These activities should minimize built‑upon
surface area, direct runoff away from the surface waters, and maximize the
utilization of storm water Best Management Practices.
(Ord. passed 12-20-93)
§ 152.33 RULES GOVERNING THE INTERPRETATION OF
WATERSHED AREA BOUNDARIES.
Where
uncertainty exists as to the boundaries of the watershed areas, as shown on the
Watershed Map, the following rules shall apply:
(A) Where area boundaries are indicated as
approximately following either street, alley, railroad, or highway lines or
centerline thereof, such lines shall be construed to be said boundaries.
(B) Where area boundaries are indicated as
approximately following lot lines, such lot lines shall be construed to be said
boundaries. However, a surveyed plat
prepared by a registered land surveyor may be submitted to the county as
evidence that one or more properties along these boundaries do not lie within
the watershed area.
(C) Where the watershed area boundaries lie at a
scaled distance more than 25 feet from any parallel lot line, the location of
watershed area boundaries shall be determined by use of the scale appearing on
the watershed map.
(D) Where the watershed area boundaries lie at a
scaled distance of 25 feet or less from any parallel lot line, the location of
watershed area boundaries shall be construed to be the lot line.
364 Camden
County - Land Usage
(E) Where other uncertainty exists, the Watershed
Administrator shall interpret the
Watershed Map as to location of such boundaries. This decision may be appealed to the
Watershed Review Board.
(Ord. passed 12-20-93)
§ 152.34 APPLICATION OF REGULATIONS.
(A) No building or land shall hereafter be used and
no development shall take place except in conformity with the regulations
herein specified for the watershed area in which it is located.
(B) No area required for the purpose of complying
with the provisions of this chapter shall be included in the area required for
another building.
(C) Every residential building hereafter erected,
moved, or structurally altered shall be located on a lot which conforms to the
regulations herein specified, except as permitted in § 152.37.
(D) If a use or class of use is not specifically
indicated as being allowed in a watershed area, such use or class of use is
prohibited.
(Ord. passed 12-20-93)
§ 152.35 EXISTING DEVELOPMENT.
(A) Continuance. Any existing development as defined in this
chapter, may be continued and maintained subject to the provisions provided
herein. Expansions to structures
classified as existing development must meet the requirements of this chapter. However, the built‑upon area of the
existing development is not required to be included in the density
calculations.
(B) Vacant lots. This category consists of vacant lots for
which plats or deeds have been recorded in the office of the Register of Deeds
of Camden County. Lots may be used for
any of the uses allowed in the watershed area in which it is located, provided
the following:
(1) Where the lot area is below the minimum
specified in this chapter, the Watershed Administrator is authorized to issue a
watershed protection permit.
(2) Notwithstanding the foregoing, whenever two or
more contiguous residential vacant lots of record are in single ownership at
any time after the adoption of this chapter and such lots individually have
less area than the minimum requirements for residential purposes for the watershed
area in which such lots are located, such lots shall be combined to create one
or more lots that meet the standards of this chapter, or if this is impossible,
reduced to the extent possible the nonconformity of the lots.
(C) Occupied lots. This category consists of lots, occupied
for residential purposes at the time of the adoption of this chapter. These
lots may continue to be used provided that whenever two or more
Watershed
Protection 365
adjoining lots
of record, one of which is occupied, are in single ownership at any time after
the adoption of this chapter, and such lots individually or together have less
area than the minimum requirements for residential purposes for the watershed
area in which they are located, such lots shall be combined to create lots
which meet the minimum size requirements or which minimize the degree of
nonconformity.
(D) Uses of land. This category consists of uses existing at
the time of adoption of this chapter where such use of the land is not
permitted to be established hereafter in the watershed area in which it is
located. Such uses may be continued
except:
(1) When such use of land has been changed to any
allowed use, it shall not thereafter revert to any prohibited use;
(2) Such use of land shall be changed only to an
allowed use; and
(3) When such use ceases for a period of at least
one year, it shall not be reestablished.
(E) Reconstruction of buildings or built‑upon
areas. Any existing building or
built‑upon area not in conformance with the restrictions of this chapter
that has been damaged or removed may be repaired and/or reconstructed, except
that there are no restrictions on single-family residential development,
provided:
(1) Repair or reconstruction is initiated within
12 months and completed within two years of such damage; and
(2) The total amount of space devoted to built‑upon
area may not be increased unless storm water control that equals or exceeds the
previous development is provided.
(Ord. passed 12-20-93)
§ 152.36 WATERSHED PROTECTION PERMIT.
(A) Except where a single‑family residence is
constructed on a lot deeded prior to the effective date of this chapter, no
building or built‑upon area shall be erected, moved, enlarged, or
structurally altered, nor shall any building permit be issued nor shall any
change in the use of any building or land be made until a watershed protection
permit has been issued by the Watershed Administrator. No watershed protection permit shall be
issued except in conformity with the provisions of this chapter.
(B) Watershed protection permit applications shall
be obtained, completed, and filed with the Watershed Administrator. The filing shall include a completed
application form and supporting documentation deemed necessary by the Watershed
Administrator.
(C) Prior to issuance of a watershed protection
permit, the Watershed Administrator may consult with qualified personnel for
assistance to determine if the application meets the requirements of this
chapter.
366 Camden
County - Land Usage
(D) A watershed protection permit shall expire if a
building permit or watershed occupancy permit for such use is not obtained by
the applicant within 12 months from the date of issuance.
(Ord. passed 12-20-93)
§ 152.37 BUILDING PERMIT REQUIRED.
No permit
required under the State Building Code shall be issued for any activity for
which a watershed protection permit is required until that permit has been
issued.
(Ord. passed 12-20-93; Am. Ord.
2002-08-03, passed 8-5-02)
§ 152.38 WATERSHED PROTECTION OCCUPANCY PERMIT.
(A) The Watershed Administrator shall issue a
watershed protection occupancy permit certifying that all requirements of this
chapter have been met prior to the
occupancy or use of a building hereafter erected, altered, or moved and/or
prior to the change of use of any building or land.
(B) A watershed protection occupancy permit,
either for the whole or part of a building, shall be applied for coincident
with the application for a watershed protection permit and shall be issued or
denied within ten days after the erection or structural alterations of the
building.
(C) When only a change in use of land and existing
building occurs, the Watershed Administrator shall issue a watershed protection
occupancy permit certifying that all requirements of this chapter have been met
coincident with the watershed protection permit.
(D) If the watershed protection occupancy permit is
denied, the Watershed Administrator shall notify the applicant in writing
stating the reasons for denial.
(E) No building or structure which has been
erected, moved, or structurally altered may be occupied until the watershed
protection occupancy permit.
(Ord. passed 12-20-93)
2003 S-1
Watershed
Protection 367
PUBLIC
HEALTH REGULATIONS
§ 152.50 PUBLIC HEALTH, IN GENERAL.
No activity,
situation, structure, or land use shall be allowed within the watershed which
poses a threat to water quality and the public health, safety, and
welfare. Such conditions may arise from
inadequate on‑site sewage systems which utilize ground absorption;
inadequate sedimentation and erosion control measures; the improper storage or
disposal of junk, trash, or other refuse within a buffer area; the absence or
improper implementation of a spill containment plan for toxic and hazardous materials;
the improper management of stormwater runoff; or any
other situation found to pose a threat to water quality.
(Ord. passed 12-20-93)
§ 152.51 ABATEMENT.
(A) The Watershed Administrator shall monitor land
use activities within the watershed areas to identify situations that may pose
a threat to water quality.
(B) The Watershed Administrator shall report all
findings to the Watershed Review Board.
The Watershed Administrator may consult with any public agency or
official and request recommendations.
(C) Where the Watershed Review Board finds a
threat to water quality and the public health, safety, and welfare, the Board
shall institute any appropriate action or proceeding to restrain, correct, or
abate the condition and/or violation.
(Ord. passed 12-20-93)
ADMINISTRATION,
ENFORCEMENT, AND APPEALS
§ 152.60 WATERSHED ADMINISTRATOR AND DUTIES.
The county shall
appoint a Watershed Administrator, who shall be duly sworn in. It shall be the duty of the Watershed
Administrator to administer and enforce the provisions of this chapter as
follows:
(A) The Watershed Administrator shall issue
watershed protection permits and watershed protection occupancy permits as
prescribed herein. A record of all
permits shall be kept on file and shall be available for public inspection
during regular office hours of the Administrator.
(B) The Watershed Administrator shall serve as
clerk to the Watershed Review Board.
368 Camden
County - Land Usage
(C) The Watershed Administrator shall keep
records of all amendments to this chapter and shall provide copies of all
amendments upon adoption to the Supervisor of the Local Government Assistance
Unit, Water Quality Section, Division of Water Quality.
(D) The Watershed Administrator is granted the
authority to administer and enforce the provisions of this chapter, exercising
in the fulfillment of his or her responsibility the full police power of the
county. The Watershed Administrator, or
his duly authorized representative, may enter any building, structure, or
premises, as provided by law, to perform any duty imposed upon him or her by
this chapter.
(E) The Watershed Administrator shall keep a
record of variances to this chapter. This record shall be submitted to the
Supervisor of the Local Government Assistance Unit, Water Quality Section,
Division of Water Quality, on an annual basis and shall provide a description
of each project receiving a variance and the reasons for granting the variance.
(Ord. passed 12-20-93; Am. Ord.
2002-08-03, passed 8-5-02)
§ 152.61 APPEAL FROM THE WATERSHED ADMINISTRATOR.
(A) Any order, requirement, decision, or
determination made by the Watershed Administrator may be appealed to and
decided by the Watershed Review Board.
(B) An appeal from a decision of the Watershed
Administrator must be submitted to the Watershed Review Board within 30 days
from the date the order, interpretation, decision, or determination is
made. All appeals must be made in
writing stating the reasons for appeal.
Following submission of an appeal, the Watershed Administrator shall
transmit to the Board all papers constituting the record upon which the action
appealed from was taken.
(C) An appeal stays all proceedings in furtherance
of the action appealed, unless the officer from whom the appeal is taken
certifies to the Board after the notice of appeal has been filed with him or
her, that by reason of facts stated in
the certificate, a stay would in his or her opinion cause imminent peril to
life or property. In such case,
proceedings shall not be stayed otherwise than by a restraining order which may
be granted by the Board or by a court of record on application of notice of the
officer from whom the appeal is taken and upon due cause shown.
(D) The Board shall fix a reasonable time for
hearing the appeal and give notice thereof to the parties and shall decide the
same within a reasonable time. At the
hearing, any party may appear in person, by agent, or by attorney.
(Ord. passed 12-20-93)
2003 S-1
Watershed
Protection 369
§ 152.62 CHANGES AND AMENDMENTS TO THE WATERSHED
PROTECTION CHAPTER.
(A) The Camden County Board of Commissioners may,
on its own motion or on petition, after public notice and hearing, amend,
supplement, change, or modify the watershed regulations and restrictions as described
herein.
(B) No action shall be taken until the proposal
has been submitted to the Watershed Review Board for review and
recommendations. If no recommendation
has been received from the Watershed Review Board within 45 days after
submission of the proposal to the Chairman of the Watershed Review Board, the
Board of Commissioners may proceed as though a favorable report had been
received.
(C) Under no circumstances shall the Board of
Commissioners adopt such amendments, supplements, or changes that would cause
this chapter to violate the watershed protection rules as adopted by the North
Carolina Environmental Management Commission.
All amendments must be filed with the North Carolina Division of Water
Quality, North Carolina Division of Environmental Health, and the North
Carolina Division of Community Assistance.
(Ord. passed 12-20-93; Am. Ord.
2002-08-03, passed 8-5-02)
§ 152.63 PUBLIC NOTICE AND HEARING REQUIRED.
Before adopting
or amending this chapter, the Board of Commissioners shall hold a public
hearing on the proposed changes. A
notice of the public hearing shall be given once a week for two successive
calendar weeks in a newspaper having general circulation in the area. The notice shall be published for the first
time not less than ten nor more than 25 days before the date fixed for the
hearing.
(Ord. passed 12-20-93)
§ 152.64 ESTABLISHMENT OF WATERSHED REVIEW BOARD.
(A) (1) There
shall be and hereby is created the Watershed Review Board Consisting of five
regular members and two alternate members, appointed by the Board of
Commissioners.
(2) Three
residents of Camden County shall be appointed as regular members for
three‑year terms. Two residents of
the county shall be appointed as regular members for two‑year terms. Thereafter, all new terms shall be for three
years, and members may be reappointed.
(B) Two alternate members shall be appointed to
serve on the Watershed Review Board in the absence of any regular member and
shall be appointed for three‑year terms.
Alternate members may be reappointed.
While attending in the capacity of a regular member, the alternate shall
have and exercise all the powers and duties of the absent regular member.
(Ord. passed 12-20-93)
2003 S-1
370 Camden
County - Land Usage
§ 152.65 RULES OF CONDUCT FOR MEMBERS.
Members of the
Watershed Review Board may be removed by the County Board of Commissioners for
cause, including violation of the rules stated below.
(A) Faithful attendance at meetings of the Board
and conscientious performance of the duties required of members of the Board
shall be considered a prerequisite to continuing membership on the Board.
(B) No Board member shall take part in the
hearing, consideration, or determination of any case in which he or she is
personally or financially interested.
(1) A Board member shall have a financial interest
in a case when a decision in the case will:
(a) Cause him or her or his or her spouse to
experience a direct financial benefit or loss;
(b) Cause a business in which he or she or his or
her spouse owns a 10% or greater interest to experience a direct financial
benefit or loss; or
(c) Cause a business in which he or she or his or
her spouse is involved in a decision‑making role, to experience a direct
financial benefit or loss.
(2) A Board member shall have a personal interest
in a case when it involves a member of his or her immediate family, such as a
parent, spouse, or child.
(C) No Board member shall discuss any case with
any parties thereto prior to the public hearing on that case; provided,
however, that members may receive and/or seek information pertaining to the
case from the State Division of Land Quality or any other member of the Board,
its secretary, or clerk, prior to the hearing.
(D) Members of the Board shall not express
individual opinions on the proper judgement of any
case prior to its determination on that case.
(E) Members of the Board shall give notice to the
chairman at least 48 hours prior to the hearing of any potential conflict of
interest which he or she has in a particular case before the Board.
(F) No Board member shall vote on any matter that
decides an application or appeal unless he or she had attended the public
hearing on that application or appeal.
(Ord. passed 12-20-93)
Watershed
Protection 371
§ 152.66 POWERS AND DUTIES OF THE WATERSHED REVIEW
BOARD.
(A) Administrative review. The Watershed Review Board shall hear and
decide appeals from any decision or determination made by the Watershed
Administrator in the enforcement of this chapter.
(B) Variances. The Watershed Review Board shall have the
power to authorize, in specific cases, minor variances from the terms of this
chapter as will not be contrary to the public interests where, owing to special
conditions, a literal enforcement of this chapter will result in practical
difficulties or unnecessary hardship, so that the spirit of this chapter shall
be observed, public safety and welfare secured, and substantial justice
done. In addition, the county shall
notify and allow a reasonable comment period for all other local governments
having jurisdiction within the designated watershed where the variance is being
considered, including the entity using the water supply for consumption.
(1) Applications for a variance shall be made on
the proper form obtainable from the Watershed Administrator and shall include
the following information.
(a) A site plan, drawn to a scale or at least 1
inch to 40 feet, indicating the property lines of the parcel upon which the use
is proposed; any existing or proposed structures; parking areas and other built‑upon
areas; and, surface water drainage. The
site plan shall be neatly drawn and indicate north point, name and address of
person who prepared the plan, date or the original drawing, and an accurate record
of any later revisions.
(b) A complete and detailed description of the
proposed variance, together with any other pertinent information which the
applicant feels would be helpful to the Watershed Review Board in considering
the application.
(c) The Watershed Administrator shall notify in
writing each local government having jurisdiction within the watershed and the
entity using the water supply for consumption. Such notice shall include a
description of the variance being requested.
Local governments receiving notice of the variance request may submit
comments to the Watershed Administrator prior to a decision by the Watershed
Review Board. Such comments shall become
a part of the record of proceedings of the Watershed Review Board.
(2) Before the Watershed Review Board may grant a
variance, it shall make the following three findings, which shall be recorded
in the permanent record of the case, and shall include the factual reasons on
which they are based.
(a) There are practical difficulties or unnecessary
hardships in the way of carrying out the strict letter of the chapter. In order to determine that there are
practical difficulties or unnecessary hardships, the Board must find that the
five following conditions exist.
1. If he or she complies with the provisions of
the chapter, the applicant can secure no reasonable return from, nor make
reasonable use of, his property. Merely
proving that the variance
372 Camden
County - Land Usage
would permit to
be made from the property will not be considered adequate to justify the Board
in granting a variance. Moreover, the
Board shall consider whether the variance is the minimum possible deviation
from the terms of the chapter that will make possible the reasonable use of his
or her property.
2. The hardship results from the application of
the chapter to the property rather than from other factors such as deed
restrictions or other hardship.
3. The hardship is due to the physical nature of
the applicant's property, such as its size, shape, or topography, which is
different from that of neighboring property.
4. The hardship is not the result of the actions
of an applicant who knowingly or unknowingly violates the chapter, or who
purchases the property after the effective date of the chapter, and then comes
to the Board for relief.
5. The hardship is peculiar to the applicant's
property, rather than the result of conditions that are widespread. If other properties are equally subject to
the hardship created in the restriction, then granting a variance would be a
special privilege denied to others, and would not promote equal justice.
(b) The variance is in harmony with the general
purpose and intent of the chapter and preserves its spirit.
(c) In the granting of the variance, the public
safety and welfare have been assured and substantial justice has been
done. The Board shall not grant a
variance if it finds that doing so would in any respect impair the public
health, safety, or general welfare.
(3) In granting the variance, the Board may attach
thereto such conditions regarding the location, character, and other features
of the proposes building, structure, or use as it may deem advisable in
furtherance of the purpose of this chapter.
If a variance for the construction, alteration, or use of property is
granted, such construction, alteration, or use shall be in accordance with the
approved site plan.
(4) The Watershed Review Board shall refuse to
hear an appeal or an application for a variance previously denied if it finds
that there have been no substantial changes in conditions or circumstances
bearing on the appeal or application.
(5) A variance issued in accordance with this
section shall be considered a Watershed Protections Permit and shall expire if
a Building Permit or Watershed Occupancy Permit for such use is not obtained by
the applicant within six months from the date of the decision.
(6) (a) If
the application calls for the granting of a major variance, and if the
Watershed Review Board decides in favor of granting the variance, the Board
shall prepare a preliminary record of the hearing with all deliberate
speed. The preliminary record of the
hearing shall include:
Watershed
Protection 373
1. The variance application;
2. The hearing notices;
3. The evidence presented;
4. Motions, offers of proof, objections to
evidence, and rulings on them;
5. Proposed findings and exceptions; and, the
proposed decision, including all conditions proposed to be added to the permit.
(b) The preliminary record shall be sent to the
Environmental Management Commission for its review as follows.
1. If the Commission concludes from the
preliminary record that the variance qualifies as a major variance and that the
property owner can secure no reasonable return from, nor make any practical use
of the property unless the proposed variance is granted, and the variance, if
granted, will not result in a serious threat to the water supply, then the
Commission shall approve the variance as proposed or approve the proposed
variance with conditions and stipulations.
2. The Commission shall prepare a Commission
decision and send it to the Watershed Review Board. If the Commission approves the variance as
proposed, the Board shall prepare a final decision granting the proposed variance. If the Commission approves the variance with
conditions and stipulations, the Board shall prepare a final decision,
including such conditions and stipulations, granting the proposed variance.
3. If the Commission concludes from the
preliminary record that the variance qualifies as a major variance and that the
property owner can secure a reasonable return from or make a practical use of
the property without the variance or the variance, if granted, will result in a
serious threat to the water supply, then the Commission shall deny approval of
the variance as proposed.
4. The Commission shall prepare a Commission
decision and send it to the Watershed Review Board.
5. The Board shall prepare a final decision
denying the variance as proposed.
(7) A record of all variances approved by the
Watershed Review Board during a calendar year must be submitted to the
Environmental Management Commission by January 1 of the next calendar year.
(C) Subdivision approval. See §§ 152.15 through 152.18.
(D) Public health. See §§ 152.51 and 152.52.
(Ord. passed
374
§ 152.67 APPEALS FROM THE WATERSHED REVIEW BOARD.
Appeals from the
Watershed Review Board must be filed with the Superior Court within 30 days
from the date of the decision. Decisions
by the Superior Court will be in the manner of certiorari.
(Ord. passed
§ 152.99 PENALTY.
(A) Any person violating any provisions of this
chapter shall be guilty of a misdemeanor and, upon conviction, shall be
punished in accordance with G.S. § 14‑4. The maximum fine for each offense shall not
exceed $500. Each day that the violation
continues shall constitute a separate offense.
(B) If any subdivision, development and/or land
use is found to be in violation of this chapter, the Camden County Board of
Commissioners may, in addition to all other remedies available either in law or
in equity, institute a civil penalty in the amount of $500, action, or
proceedings to: restrain, correct, or abate the violation; prevent occupancy of
the building, structure, or land; or prevent any illegal act, conduct,
business, or use in or about the premises. In addition, the North Carolina
Environmental Management Commission (EMC) may assess civil penalties in
accordance with G.S. § 143‑215.6(a). Each day that the
violation continues shall constitute a separate offense.
(C) If the Watershed Administrator finds that any
of the provisions of this chapter are being violated, he shall notify in
writing the person responsible for such violation, indicating the nature of the
violation, and ordering the action necessary to correct it. He or she shall order discontinuance of the
illegal use of land, buildings or structures; removal of illegal buildings or
structures, or of additions, alterations, or structural changes thereto;
discontinuance of any illegal work being done; or, shall take any action
authorized by this chapter to ensure compliance with or to prevent violation or
its provisions. If a ruling of the
Watershed Administrator is questioned, the aggrieved party or parties may
appeal such ruling to the Watershed Review Board.
(D) Any person who, being the owner or agent of the
owner of any land located within the jurisdiction of Camden County, thereafter
subdivides his land in violation of this chapter or transfers or sells land by
reference to, exhibition of, or any other use of a plat showing a subdivision
of the land before the plat has been properly approved under this chapter and
recorded in the Office of the Register of Deeds, shall be guilty of a misdemeanor. The description by metes and bounds in the
instrument of transfer or other document used in the process of selling or
transferring land shall not exempt the transaction from this penalty. The county may bring an action for injunction
of any illegal subdivision, transfer, conveyance, or sale of land, and the
court shall, upon appropriate findings, issue an injunction and order requiring
the offending party to comply with this chapter.
(Ord. passed